Settling Your Personal Injury Claim Before a Court Hearing
If you have a personal injury claim currently either lodged with the Injuries Board/PIAB or court proceedings have issued you maybe able to settle your case before a formal court hearing.
A settlement of your personal injuries claim essentially means that you ultimately will agree an amount of compensation you will accept for the injuries you have suffered including your special damages (ie out of pocket expenses, medical expenses, loss of earnings etc). Settlement meetings do not always work and sometimes take more than one attempt however the process is as follows:
1. Settlement meeting arranged by your solicitor
A settlement meeting will be setup by your solicitor and a time and date set for the parties to meet. This maybe remotely or it may be in the Courts themselves. At the settlement meeting, you will meet with your personal injury solicitor and barrister (if one is engaged at this stage of your proceedings).
Your legal team will, in turn, also meet with the solicitors hired on the other side by the defendant. There is no roundtable meeting and so you will not be cross-examined and will only ever meet your legal team on the day of settlement talks.
Negotiations will take place regarding the amount of compensation that should be payable for your personal injury claim.
Your solicitor will at all times advise you whether they believe that the offer being made is in your best interests and whether it sufficiently covers what your case should achieve.
The determining factor in this regard will be what your personal injuries solicitor believes you would receive from a court should a full hearing take place. You can then weight up this amount against any risks that may be involved, any claim of contributory negligence along with the obvious time benefit of settling a case early without having to wait for a court hearing.
Settlement also removes the court hearing from your personal injury claim which means you do not go through the full evidence process and cross examination which can be a stressful experience for plaintiffs.
If you successfully settle your claim, payment is generally made quite quickly and within a number of weeks. Your solicitor will be able to guide you on this.
If negotiations are not successful and your personal injury claim is not settled, do not fret. There will always be further possibility of talks.
One final point to note is that if you do settle your personal injury claim and accept the compensation being offered, this is final. You will not have the right to reopen the claim again down the line or take further proceedings for the injuries you have suffered.
Therefore you should ensure you discuss the compensation amount in detail with your personal injury solicitor to ensure it adequately covers your injuries.
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In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with Reg.8 of SI 518 of 2002.
If you would like to discuss making a personal injury claim please contact us to discuss further by calling our phone number: 01 234 0044 . We will be happy to have a no obligation conversation with you to discuss your claim and provide you with advice and an initial opinion regarding your injury, the process from the personal injuries assessment board to issuing proceedings in a case. We pride ourselves in knowing that our clients are always fully informed and advised of all aspects of their case from the beginning when they first speak to us regarding an injury, right the way through to a final award or settlement.
Cosgrove Gaynard Solicitors, 39 Waterloo road, Dublin 4.
We also have a number of other practice areas and would be happy to discuss any other work you would like to discuss with a solicitor. Call us now for further details or for initial advice.
Phone: 01 234 0044 Email: firstname.lastname@example.org / email@example.com or complete our online assessment form.