02 May Should I settle my personal injury claim?
At Ferrys Solicitors LLP, our clients often ask our Personal Injury Solicitors, “Should I settle my personal injury claim out of court?”. Our Personal Injury and Accident Solicitors recommend that you do not accept any offers without talking to your Personal Injury Solicitor first.
What does it mean when I settle my case?
The term ‘settlement’ is widely used to mean resolving a legal dispute outside of a courtroom setting or ruling. A settlement takes place when the person making the claim is offered a sum of money by the person or persons that they claim are at fault (the defendant/s) or their insurance company. This can happen at any stage of the case, such as before it has gone to court or during proceedings.
Essentially, you are agreeing to resolve your case and claim with no need for your case to proceed to court. If you settle your case, it will be closed and you will be able to take no further legal action down the road.
Why would someone offer a settlement?
Defendants or insurance companies may look to settle a case early as it is in their interest to resolve a case before it incurs any further costs, such as the costs of dealing with the Injuries Board or a court case. In this way, they may make a lower offer of compensation than your solicitor might secure in your case, if it was to proceed to the Injuries Board or to court.
It is often the case that the person making the claim will receive an unsolicited letter or call from the defendant or their representative making an offer of compensation. These settlement offers are usually without any admission of liability and are often dependent on being accepted in a short time frame and waiving any future right to make a claim.
Why do I need a personal injury solicitor?
It can be difficult to know if the amount of settlement offered will be lower or higher than what the court will award. Your solicitor will be able to advise you based on their experience and work to get you the best possible outcome for your case. Even if you do not decide to go to court, your personal injury solicitor will be able to negotiate with the defendants or their insurance company on your behalf.