A lawyer’s job is not just to take proper steps but many informal ones too. Most personal injury cases settle before they can go to trial. Contact Boston personal injury lawyers, so you do not have to worry about your case and get the best legal advice possible.
When and how do the settlement talks start?
Most defendants try to settle such cases before they reach court, but the plaintiff’s party soon realizes that they might have to take legal action to get something done. Settlement talks only start when either of the parties has gone through all the technicalities of the case. This discussion continues as the case is taken to court.
Who negotiates?
The lawyers of both parties are the ones to start a conversation in most cases. However, the defendant’s insurance company will be the one to write the check, so they mostly get involved.
It does not matter who starts the settlement talks, though. The final call comes from the plaintiff since they are the ones who will decide on whether to accept or reject the offer. Your lawyer is legally bound to come to you with any offer of settlement that the defendant’s legal party has given them.
Settlement strategies used:
The timing of the settlement is a very crucial thing too. One of the critical moments during which settling is very common is right after both the legal parties take a good look at all the information available. This includes depositions and interrogations conducted by them.
The second most common time to settle would be after the defendant’s motion for summary judgment. If the motion stands in court, the case is dismissed entirely unless the plaintiff files an appeal again. If the court grants half of the motion, the plaintiff will not lose the entire case and can go to trial. Nevertheless, if the court denies the whole motion of the defendant, the case will go to trial.
The third most common time would be when the court rules an “in limine.” The judge is asked to include or exclude specific evidence at trial. A piece of evidence is the most essential thing in any trial, and if the judge excludes any of the plaintiff’s crucial evidence, the defendant might not agree to settle. Still, if the judge allows all the evidence, the defendant would be eager to settle.
Sometimes the case might be settled even after the final verdict because no matter which party wins, another court case is just draining for either. The parties finally decide to settle to save both extra time and money.
