You can file a personal injury lawsuit in Delaware when you are hurt or harmed by an accident or other incident caused by another person. While many such lawsuits go to trial, lawyers on both sides usually try to reach a settlement first. Settlements can often resolve cases more quickly and offer other benefits to the plaintiff, or the person who filed the lawsuit.
You have until three years after the accident to file a personal injury case in Delaware. What is the settlement process after an injury? Understanding the steps can help you stay informed and ask the right questions as your lawyer negotiates on your behalf.
What Is a Settlement?
A settlement occurs when the plaintiff and defendant agree that the defendant pays a certain amount in return for the plaintiff dropping the lawsuit. Once a settlement has been reached, the two sides do not proceed to trial. Sometimes an insurance company will make the payment and not an individual defendant.
You shouldn’t accept any settlement without conferring with a lawyer who can advise you on whether the offer is fair.A lawyer can steer you in the right direction. They have handled cases similar to yours before and gained valuable insights from that experience. They will know when an offer is too low. A good lawyer will advise you not just on how much money to accept but also how to navigate the often-trying settlement process.
When Would a Settlement Offer Be Made?
Settlements can be reached before or after a trial begins. Often the defendant offers a settlement immediately after the injury occurs in an attempt to deter the injured party from filing a lawsuit. Usually, this settlement offer is well below what a plaintiff would receive from a trial.The defendant’s lawyer will count on your legal inexperience to try to convince you to take a low offer. Defendants want to walk away from a case paying the least amount they can.
Before accepting a settlement, you should also know the answers to these questions:
- How long will the injury take to heal?
- Will there be lifelong consequences from the injury?
- Has a physician provided a medical diagnosis?
What Are the Steps if a Settlement Is Reached?
It takes time to reach a settlement both sides agree upon, including several rounds of negotiations. Though every case is different, the injury settlement process in Delaware usually happens like this:
- The plaintiff submits a demand for compensation outlining the incident and injury. The letter includes a monetary sum the plaintiff would accept in return for dropping the case.
- The defense replies with a counter-offer, often much lower than the plaintiff’s initial offer.
- The two sides go back and forth for several rounds, making different offers.
- If the two sides can’t reach an agreement, they may bring in a mediator. The mediator will act as a neutral go-between, negotiating terms both sides can agree to.
Once both parties reach an agreement, the defendant or their insurance company will give the plaintiff a settlement check for the agreed-upon amount. The plaintiff signs a release pledging they will not make another claim against the defendant regarding this incident in exchange for the money.
A lawyer will also handle the complex legal matters associated with a settlement. They can facilitate getting your money on time. They will also make sure to file all the paperwork correctly so you don’t have to worry about your settlement being overturned on a technicality. Lawyers provide the peace of mind you need after your accident, which added so many complications to your life.
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What if a Settlement Is Rejected?
While negotiations can result in a settlement, sometimes one or both sides refuse to agree to a settlement. When the personal injury settlement process fails, the two sides either proceed to trial or continue with their trial, if it had already started. In a jury trial, the jury will decide whether the defendant should pay the plaintiff and how much. Once a verdict has been reached, the two sides can no longer enter a settlement. The judgment is binding.
Settlements can be rejected by both sides for many reasons. The defendant may think they can win the case, or the plaintiff may not be happy with the amount offered by the defendant. The strength of the case also plays into the decision.
Why Do I Need a Personal Injury Lawyer for Settlement?
Using a personal injury lawyer to negotiate your settlement is the best way to get your desired outcome. Everything that happens after an accident presents a challenge. From healing to paying your medical bills to working through the trauma of your injury, you have many things happening at once, and it can be challenging to keep up with them all. An attorney can help you with the legal aspects of your case that you may not be as familiar with.
Insurance companies push for the lowest settlements, often paying out way less than the affected party deserves. Unless you have been involved in such a case before, you can’t understand how much you should demand for your accident.That’s why it’s so important to turn to an expert.
Contact Doroshow, Pasquale, Krawitz, and Bhaya to Discuss the Personal Injury Settlement Process
Doroshow, Pasquale, Krawitz, and Bhaya has assisted many people throughout Delaware with personal injury lawsuit settlements. Our experienced team knows the best way to negotiate in these cases, and we want to ensure you are compensated fairly for your pain and suffering.
We offer personalized service you will appreciate. Our attorneys take the time to listen to you and learn about your case. We tailor our services to your needs and develop strategies based on your unique circ*mstances. When we enter settlement negotiations, we keep your best interests in mind throughout the process. Our only goal is to walk away with the best possible outcome for you.
Get in touch with us todayto discuss your personal injury case and talk about the settlement process. We look forward to learning how we can help.
FAQs
Before filing an actual lawsuit, your attorney will first contact the at-fault party and their insurance provider to determine if an equitable settlement can be reached before going to court. Based on the facts of the case, your attorney will send a demand letter to the insurer with a settlement amount.
What are the stages of an injury lawsuit? ›
Most personal injury lawsuits start with the plaintiff's attorney filing a "complaint" in court, and "serving" the defendant. Interrogatories, depositions, and court appearances typically follow, as the two sides fortify their positions.
How long do most personal injury cases take to settle? ›
The Quick Answer
The average settlement or judgment for a personal injury claim is usually reached between 3 months and 12 months after hiring a lawyer to represent you. However, there are many factors that could delay the process.
What is the formula for personal injury settlements? ›
The Damages Formula
The adjuster will multiply the medical special damages number by one and a half to three times if the injury is minor and up to five or more times if the injury is especially deliberating and long-term. After this number is calculated, any income lost as a result of the injury will be added.
How does the settlement process work? ›
A settlement occurs when the plaintiff and defendant agree that the defendant pays a certain amount in return for the plaintiff dropping the lawsuit. Once a settlement has been reached, the two sides do not proceed to trial. Sometimes an insurance company will make the payment and not an individual defendant.
What is Stage 2 of a personal injury claim? ›
The claimant must send to the defendant a stage 2 settlement pack detailing all heads of claims with medical evidence and pecuniary losses. The defendant, when making a counter-offer must propose an amount for each head of damage.
How long does an injury claim take? ›
The length of time a case takes to settle a personal injury claim can vary significantly, simple cases where liability is admitted can be settled in around 12 months or so. Large, more complex, high-value cases can take longer to settle.
How much are most personal injury settlements? ›
Here are the average settlement amounts for some of the more common types of personal injury claims in California:
- Workers' Compensation Settlement: $5,000 – $20,000.
- Car Accident Settlement: $20,000 – $30,000.
- Motorcycle Accident Settlement: $50,000 -$150,000.
- Pedestrian Accident Settlement: $40,000 – $100,000.
On average only 5% of our cases go to trial and that is because most cases do settle at some point before trial. Cases may settle very early in the case, at a settlement conference, at mediation, at the eve of trial, or even in the middle of trial. Deciding whether to settle is a calculated risk.
How much to expect from car accident settlement in California? ›
Q: How Much Is the Average Car Accident Settlement in California? A: In California, the average car accident settlement amount is anywhere between $20,000 – $30,000, depending on the overall severity of the injuries sustained and any associated property damages, lost wages, etc.
It comes down to math. Very roughly, if you think that you have a 50% chance of winning at trial, and that a jury is likely to award you something in the vicinity of $100,000, you might want to try to settle the case for about $50,000.
How much money should I ask for in a settlement? ›
Ask for more than what you think you'll get
There's no precise formula, but it's generally recommended that personal injury plaintiffs ask for about 75% to 100% more than what they hope to receive. In other words, if you think your lawsuit might be worth $10,000, ask for $17,500 to $20,000.
How much injury compensation will I get? ›
The amount of compensation that can be claimed for general damages depends on the type of injury and suffering experienced, and the severity of it, as well as how long quality of life is affected. Therefore, there isn't a 'one sum suits all' approach to general damages; every single claim is different.
How long before you get paid in settlement? ›
After receiving a settlement agreement from the liable insurer for a personal injury lawsuit or claim, you should get your settlement money fairly quickly—anywhere from a few days to a few weeks. Once you sign a waiver of liability and accept damages, the insurance company must pay you promptly.
Does settlement money come in a check? ›
In general, the insurance company will issue a check about 30 days after you've arrived at a settlement agreement. But this does not mean you'll have your portion of the money that soon. There are a few steps that need to happen before your lawyer delivers your check.
What is the usual result of a settlement? ›
The result of a settlement agreement involves the responsible party paying a certain amount to compensate for the damages caused to the victim.
Which is the correct order of stages for a typical lawsuit? ›
Rustin: There are five general stages of a civil court case: pleadings, discovery, motions, trial and possibly appeals. Civil lawsuits arise out of disputes between people, businesses, or other entities. Civil lawsuits generally proceed through these five distinct steps.
How do I know when to settle a lawsuit? ›
Here are four instances where settlement is probably a better idea than taking the case through a lengthy court process:
- Your claim is against someone close to you. ...
- Trial expenses will amount to more than those from a positive outcome. ...
- Your time is not worth it. ...
- The outcome of the case is unpredictable.
Pleadings/Filing The Complaint
Filing the “complaint” is what begins a lawsuit.
What is the trial stage of a lawsuit? ›
The trial stage of a lawsuit occurs when a case cannot be settled out of court and resolved in an early settlement. A settlement involves negotiation between the parties outside of a courtroom and involves attorneys: a plaintiff's attorney vs. a defendant's attorney.
