What Type of Personal Injury Case Do You Have?
There are two ways of resolving a personal injury case:
- A formal lawsuit, which involves civil court proceedings to find someone
legally at fault and responsible for the personal injury - An informal settlement, which avoids a court case by negotiating a resolution
Informal settlement is more common when the party at fault wishes to settle without a lot of publicity or costs beyond the agreed-upon amount of the settlement.
Formal Lawsuit
A formal lawsuit occurs when a private individual files a civil complaint against a defendant, which could be a person, business, corporation, or government agency. The personal injury complaint is filed alleging that the defendant acted carelessly or irresponsibly, resulting in the accident or injury. Court proceedings are initiated to determine whether the defendant is legally responsible for the injury, and if so, what restitution they are required to pay.
Informal Settlement
In an informal settlement, the resolution is reached with the approval of the injured, the accused, their insurance companies, and the attorneys all agreeing on the amount and form of compensation. The steps involved are negotiation, written agreement, and then payment.
Your attorney will work with you to determine which type of personal injury case you have and how it can be settled to your satisfaction. In some cases, mediation and arbitration may be recommended as a means to an agreement. If no agreement can be reached through these methods, your case may go to court.
