Settlements And Judgments: Know The Differences
Posted on: 11 May 2019
There are two main ways to be paid for your injuries after a motorcycle accident. If you've been injured by another driver, you are entitled to a number of personal injury damages. After consulting with your personal injury attorney, you will know more about what to expect in the coming weeks. To get you started, take a look at the two ways accident victims are compensated: a settlement and a court judgment.
The Settlement Compensation
To settle a case is to end the case without taking the matter to court. However, cases can be settled at any time – even after a trial has already begun. Once you agree to settle, the case ends immediately, and you will be paid a sum of money almost right away (usually within a few weeks).
You must work closely with your attorney so that you get a settlement that covers the full extent of your needs. Your attorney will evaluate your case and together you will agree on a sum of money that is sufficient.
Settlement offers depend on a number of factors, such as:
- Liability when you share blame for the accident with the other driver
- Similar cases in your local area
- Your age, education level, job
- The seriousness of your injuries and the dollar amount of your medical expenses
The Court Judgment Compensation
If you are not offered an adequate settlement, your attorney will prepare your case for trial by serving the other driver and their insurance company with a lawsuit. Trial preparation can be lengthy, and you will probably end up spending some of your eventual judgment winnings on legal fees.
If you have a strong case and expect a large sum of money, it might be worth the time and expense of taking your case to trial. Discuss the implications of a court judgment with your attorney.
What to Know About Compensation
Settlements and judgments have one major issue in common: the financial award is based on the same damage categories. Whether you are seeking a settlement or preparing for court, your compensation should include:
- Any medical expenses not already covered by insurance
- Any future medical needs as predicted by your physicians and other medical experts
- Lost wages and any loss of earning capacity
- Personal property losses including any vehicle losses not covered and other personal property losses due to the accident (cell phones, etc)
- Pain and suffering and loss of consortium.
Discuss these issues with your motorcycle accident attorney, and let their expertise and experience lead you to a successful end, no matter the method.
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