Factors That Play Into the Outcome of the Case
As previously mentioned, in spite of what the plaintiff thinks, the process in the hopes of reaching a settlement is complicated and comes with multiple legal obstacles. The brunt of these include:
- Defendant’s Assets.
- Plaintiff Damages.
- Liability.
Defendant’s Assets
A lot of what settlements rely on is the financial status of the defendant, as well as what his or her insurance company can allow. If the defendant simply lacks much money to give, then a high settlement cannot be reached. Due to the money having to come out of the dependant’s pockets, not from the government like many believe, settlement values tend to not be as high as initially conceived. However, in spite of the value and in regards to whether anything is reached at all or not, most personal injury cases end with settlements, though there are also plenty of instances where a jury verdict is reached. Winkler Kurtz, Personal Injury Lawyer near Selden, NY will be there for you to make sure your reward is as high as it can be in accordance with the law.
Plaintiff’s Damages
The injury the plaintiff has sustained also affects the likelihood of a settlement being reached; the higher the severity of the damages faced, the greater likelihood of a higher payout from a settlement. If it can be proven that the defendant was not accidental in his actions and acted out of gross negligence, then punitive damages are set forth. Punitive damages involve the wealth of the defendant; the richer the defendant, the higher the damages bill is. The jury is always permitted to award damages to cover costs for the plaintiff’s injuries should the case reach that far. Depending on if the defendant is an individual or an organization, the organization may pay for a bigger settlement than settle for punitive damages, as companies tend to pay substantially more with punitive damages than coming forward and admitting guilt and lending money, should the court find that the plaintiff is in the right and the defendant can be proven to either majorly, or completely be at fault.
Liability
Of course, at the end of the day, it must be up to the court whether or not the plaintiff is to blame or not, and whether the defendant is guilty of damages or not. Not just the process of reaching a settlement, but recalling and recording the actual turn of events and dissecting them in order to provide proper justification is perhaps even more complicated. It takes careful analysis of the law to make a decision; while the plaintiff thinks he or she is entirely in the right, they may not know certain laws that may surprise them. Certain things may make sense to you, but the law may say differently. Both sides’ understanding of the situation will lead to a reasonable outcome, more often than not reaching a settlement.
The Bottom Line
Most personal injury cases do end with a settlement, though it is important to consider that just because it is common does not mean a settlement will always occur. This also applies to the quality of rewards given to the plaintiff, as it may not be what you would like or expect it to be.
Contact Us Today
Winkler Kurtz, Personal Injury Lawyer near Selden, NY knows just how to tackle personal injury cases, and will fight hard to ensure that you get what you deserve, settlement or not. Contact us today, we are located in Port Jefferson Station.