Padilla Law Group, LLP
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Assessing settlement of a personal injury claim after a car crash

For many in California, the thought of taking legal action is terrifying. The possibility that litigation may be involved can be paralyzing. Yet, those who are injured in a car crash face this very real possibility. This means that they need to be prepared as fully as possible for litigation if they hope to impose liability and recover compensation for their damages. However, before a case goes to trial the parties usually have the opportunity to sit down and discuss the possibility of settlement. By settling a case, a victim can acquire compensation for his or her losses while avoiding the stress and costs associated with litigation. Defendants, on the other hand, may want to settle a case to avoid the potential of larger judgments against them if the matter goes to trial. Before agreeing to a settlement, a victim needs to consider many things. For example, the strength of a case may dictate that it is in a victim's best interest to take the matter to trial rather than settle. This means that a careful analysis of the facts at hand needs to be made. Witness testimony needs to be considered and possible defenses that may be raised during trial also need to be taken into account. By identifying a case's strengths and weaknesses, as well as the likelihood of success at trial, a victim can better assess whether or not accepting a settlement is in his or her best interest. Although settlement is a very real possibility in most personal injury cases, trial preparation is often key to spurring resolution. Therefore, car accident victims need to go ahead and build a strong legal foundation so that they are in a better bargaining position at the negotiation table.

 

 

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