Any personal injury in California has the potential to be a life-changing experience for the victim, and it is crucial to know what to expect when it comes to filing and resolving your case. An Orange County personal injury attorney is an ideal asset to have on your side in any such case, as they will not only be able to help identify every avenue of recovery available to you but also streamline your case proceedings and shorten the time it takes you to recover.
Every personal injury claim is unique, and even if a plaintiff believes their case to be straightforward at first, there is always a chance for unpredictable variables to arise and complicate their recovery efforts. Having experienced legal counsel on your side can make it easier to address any unforeseen issues and streamline your path to recovery. The attorneys at Easton & Easton have successfully settled many personal injury claims for our past clients, and we know what you can expect as you approach the settlement process for your claim.
Settlement Versus Litigation
The first challenge a plaintiff faces in a personal injury case is proving who caused the accident and showing how they caused it. Once the defendant has been identified and the plaintiff has calculated the full scope of the damages they can claim from them, the next step is filing the complaint with the local court. At this point, the defendant can either agree to settlement negotiations or demand a trial. The vast majority of personal injury cases will proceed to settlement as this will save all parties involved time and money they must otherwise spend on litigation.
If a personal injury case proceeds to court, the judge hearing the case has the final say when it comes to the defendant’s liability and the amount of compensation the plaintiff may receive. It’s possible for the defendant to emerge from litigation paying less than they expected, but it is equally possible for the judge to rule very differently and award the plaintiff much more. Settlement enables both parties to maintain more control over the final outcome of the case. Settlement is also entirely private.
During settlement negotiations, the plaintiff, the defendant, and both parties’ respective attorneys meet privately to discuss a resolution to the case. As long as both parties are willing to negotiate, it is possible for them to reach a mutually acceptable resolution in a fraction of the time that litigation would require. After the settlement has been signed by both parties, the attorneys make any closing statements, and the defendant remits their settlement funds to the plaintiff’s attorney. The time it takes this process to complete depends on the overall complexity of the case, whether the defendant accepts liability, and the scope of the plaintiff’s damages. Most personal injury claims can be settled in weeks, but there is always a chance for the process to take longer.
Q: How Long Does the Settlement Process Take in California?
A: The time it will take to settle any personal injury case hinges on the specific details of the individual case. Every plaintiff faces different challenges, and there is no single formula that works for resolving every personal injury case. If a defendant is clearly at fault and the plaintiff has experienced legal representation on their side, it should only take a few negotiation sessions to resolve the claim. If the defendant disputes their liability and/or the range of damages sought by the plaintiff, settlement will take much longer.
Q: Do I Need an Attorney to Settle a Personal Injury Claim?
A: There is no law that requires you to hire legal counsel for your personal injury claim. You have the right to try to handle the case by yourself, but you would risk settling for less than you are legally allowed to claim. You will also be at a tremendous disadvantage in your negotiations if the defendant has legal representation while you do not. Hiring an experienced personal injury attorney to represent you not only improves your chance of winning your case but also maximizes your settlement.
Q: What Happens After a Personal Injury Settlement Is Reached?
A: Once the parties involved in a civil suit reach a settlement, the defendant will issue their settlement check to the plaintiff’s attorney. The plaintiff’s attorney can then prepare closing statements and disburse the settlement funds to the plaintiff minus their contingency fee. It can take several weeks or longer for this process to conclude. A good attorney will work closely with their client to streamline the receipt of their settlement funds in every way possible.
Q: What Happens If I Don’t Receive My Settlement Check in the Allotted Time?
A: After the parties involved in a personal injury case reach a settlement, the defendant will have a deadline by which to remit settlement funds to the plaintiff’s attorney. If they fail to meet this deadline, the plaintiff has the right to attach interest to the settlement amount, and the defendant may face additional sanctions. Your attorney can advise you as to the optimal ways to address any nonpayment of your settlement after concluding your case.
Q: How Much Does It Cost to Hire a Personal Injury Attorney in California?
A: If you choose Easton & Easton to represent you in your personal injury case, you will only pay a fee once we win compensation on your behalf. Our contingency fee comes out of your final case award as a percentage, and you keep the remainder. If we cannot secure compensation for your damages for any reason, you will pay nothing, so there is no financial risk to choosing our firm to represent your case.
The attorneys at Easton & Easton aim to help every client maximize their case award in the most efficient manner possible. We take time to listen to our clients’ stories, fully investigate all facets of their claims, and identify each and every avenue of recovery available to them. If you believe you have grounds to file a personal injury claim in Orange County, we can help. Contact us today to schedule a consultation and learn more about the legal services we provide.