At this point, you have been working with your lawyer in order to have a successful California personal injury settlement claim. Although your goal is to make this process work, you have to admit that there are no two cases that are the same. Some cases come to success, and there are those that don’t. Sometimes there are parties that would not agree for the settlement. What happens if the settlement claim doesn’t work? Is it the end of it?
So, for the first step, it is essential to understand why there are are some disagreements on settlements. In this way you can be fully prepared together with your personal injury lawyer.
Why didn’t both parties agree on the settlement?
- Filing for a claim can be the right move. However, it could be wrong in some cases. Thus, a settlement will never be agreed upon. Here are a few reasons both parties never settled on anything.
- Defendant does not offer any settlement, at all. This gave reasons for the plaintiff to simply go to the court and in order to recover the compensation he deserves.
- In some cases, defendants may offer a settlement. However, there are plaintiffs who wanted to be rewarded with more than what they are supposed to receive. In other words, they begin to demand for an unreasonable amount of compensation.
- There are plaintiffs who prefer to go to the court and have the case go to a trial.
At times, punitive damages are attractive for some plaintiffs. They do not want to make a settlement, instead take the case to the court trial. They believe that they will be able to receive a larger amount of compensation.
Should you consider on a low settlement instead?
Even if plaintiffs want to negotiate the best and fair settlement, there could be cases where with accepting a low settlement can be reasonable. Sometimes, they think filing for a lawsuit is useless. So, should they just consider a low settlement? These are the moments when you wish you would just face the fact that you would be receiving a low settlement.
- Whenever there is uncertainty in the case. Sometimes, they think that the lack of evidences would not allow you to win your case. Some plaintiffs believe accepting a low settlement could be better than nothing.
- There are no major injuries incurred. If the plaintiff has injuries that are minimal to none, he / she might as well consider a lower settlement than receiving nothing at all. If medical certificates, lost wages, and other documents prove that the plaintiff did not really suffer or incur any significant injuries, a low settlement can be appropriate.
- If in any case when the defendant has an insurance policy that covers up to $25,000 liability and the insurer or his lawyer would offer $25,000 settlement. Perhaps, this should be an appropriate time to consider the settlement rather than file a lawsuit where not enough compensation can be collected.
Note to Remember:
The moment a plaintiff accepts the settlement, whatever injuries or damages suffered in the future will no longer be covered. Seeking for a legal advice should be the first thing to consider. These professionals know how to go about with the settlement process. Their knowledge and skills should lead the path to a fair settlement.