Settling Cases Out of Court in Arizona
The settlement process is another way to receive compensation in personal injury cases. In Arizona, it starts with a skilled attorney holding off a demand until the plaintiff has attained Maximum Medical Improvement, or MMI. Afterward, they will have a better understanding of the case’s value. Following the initial demand, the opposing party or insurance provider usually makes a counteroffer, and then talks begin between the two parties.
There are several reasons why a lawyer should try to settle a case without going to trial:
- Both parties can save a significant amount of time and money by reaching a settlement out of court. Going to court can be a lengthy and expensive process.
- In a settlement, both parties have more control over the outcome and can come to an agreement that works best for them. On the other hand, a judge or jury in a court decides the outcome of a case.
- Going in court could prove risky because the result is not guaranteed. A settlement assures that both parties receive exactly what they are entitled to and avoids this risk.
- In some situations, a settlement can help preserve relationships between the parties involved. They may benefit from making an effort to resolve a dispute before taking it to court.
What Happens During the Settlement Process
The settlement process for a personal injury claim can vary widely depending on the facts of the case. Here are a few factors that may affect the timeline of a personal injury claim settlement:
- Settlement negotiations can proceed more quickly if the other party accepts fault for the accident. Otherwise, it will take more time.
- The severity of your injuries and your recovery may also affect the settlement process.
- The amount of insurance coverage available to the at-fault party can be a factor in the computation of your personal injury claims. If there is enough insurance coverage to fully compensate you for your injuries and/or damages, settlement negotiations can proceed more quickly.
Your lawyer will work to negotiate the best possible settlement on your behalf, taking into account all of your damages and losses. Personal injury cases can be complex and time-consuming. It’s critical to be open and honest with your lawyer about the severity of your injuries and how they affected your life. This will help ensure that your lawyer has all the information they need to negotiate a reasonable settlement.
Duration of the Settlement Process
Even though you have little control over how long the settlement process takes, there are a few things you can do to make sure it moves along as quickly and efficiently as possible:
- Any prior injuries or medical conditions that might be relevant to your current claim should be disclosed to your attorney. Moreover, tell your attorney if you were using drugs or alcohol before the crash.
- Be diligent in keeping your medical appointments, filling all prescriptions, and adhering to the advice of your medical provider regarding follow-up care. This can ensure that you make a full recovery and be able to get medical records of your injuries and medical treatment.
- Respond to your lawyer’s requests as soon as possible. This can help avoid delays in the settlement process.
If settlement talks fail or the two parties are too far apart, the case may proceed to litigation. The case will then be settled in court by your lawyer, who will file a lawsuit on your behalf. It’s important to realize that litigation may be a difficult and time-consuming process. It’s usually ideal to settle the case out of court if at all achievable.
Ultimately, the goal is to achieve the best possible outcome for your case, whether that’s through settlement negotiations or litigation. Hiring a skilled and experienced personal injury lawyer can help you navigate the process and ensure that your rights are protected throughout.