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The Personal Injury Law The Settlement

04th May 2010
By Ima Johnson in Personal Injury
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The personal injury settlement is the compensation for the injury caused to the plaintiff by the defendant. The settlement is mostly a financial remuneration which is either agreed before the case goes to trail - out of court settlement; or it is settled by the judge and jury after the end of the trial. This decision of settling out of court is something which should never be done in haste and should be discussed with your attorney in great detail. There may be cases like New York Nursing Home Abuse where plaintiffs are not just interested in a financial compensation but would like to see the case going to trial for justice.

The out of court settlement is no doubt a faster way to resolve the matter however it comes with the signing of waivers as well. The plaintiff must sign the document which states that he/she will not file a lawsuit again for the same reason. The out of court settlement also does not mean an acceptance of guilt and responsibility for the defendant. If the matter is not settled out of court then a protracted legal battle may start. At the end of which both the plaintiff and defendant can appeal at a higher court against the verdict therefore further delaying the outcome.

The Settlement Critical Points

The client/plaintiff should always make sure that he gets a copy of any communication between his lawyers and other third parties privy to his case. Whether it is dealing with insurance companies or the actual defendant as well. The clients should also be careful in signing the retainer contract with your attorney. The attorney may have the right to settle the lawsuit without your consent. Though this can be challenged but it is better to have things clear right in the beginning.

In some cases you may prefer the attorney's discretion on signing the settlement such as simple New York slip and fall case, where the injury is not serious. But for cases like New York Nursing Home Abuse it is not just about the financial compensation it is about justice against what is surely a criminal offence of the caregiver who has allegedly abused your family member. is website of award winning personal injury law firm Schwartzapfel Truhowsky Marcus P.C. The law firm has built a very strong reputation in the personal injury practice of law in the state of New York. The firm has officer all over the state of New York and has taken up cases like the New York slip and fall and New York Nursing Home Abuse. The vision of the company to provide the best possible service to the client with true compassion and dedication has ensured the enduring success of the firm. Their dedicated teams of lawyers have a combined experience of over 150 years of legal practice. A distinctive advantage of the law firm is that many of their lawyers come from an insurance industry background therefore they are very aware of the tactics applied by the insurance companies and know how to negotiate with them.
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