Only a handful of personal injury cases ever go to trial. This is because most personal injury lawsuits in Kamuela, Hawaii result in negotiated settlements. The terms of these settlements can vary depending on the facts of each case. However, most settlements involve an agreement to dismiss an injury claim in exchange for a monetary payment.
If you were injured through no fault of your own, you could have the right to pursue a monetary settlement. While settlements are common in these cases, it is vital to seek help from experienced legal counsel. The right attorney could help you secure the settlement you deserve.
Why Do Injury Cases Settle in Hawaii?
If you have been injured through no fault of your own, you could be surprised to learn that the at-fault party or their insurance provider is willing to settle. Often, these settlement offers to occur early on in the case. There are numerous reasons why the other side might be willing to settle with you. Some of those reasons include:
Saving Money
Many insurance companies take a rational look at every claim. If there is no doubt that their driver is at fault, taking the case to trial is only likely to increase their costs in the end. Many insurance companies cut their losses and settle early to avoid costly legal fees.
Uncertainty
Insurance companies and defendants in personal injury lawsuits will at times settle a case even when they do not believe they are at fault. This can happen in an effort to avoid uncertainty. While paying a settlement might not be ideal, facing a jury could seem like a much worse option.
Privacy
Personal injury trials play out in the public record. These cases are heard in hearings open to the public, which can be stressful for anyone that values their privacy. For some people, reaching a settlement and avoiding the stress or publicity of a public trial is worth the financial cost.
Avoiding Stress
The personal injury process is often stressful for plaintiffs and defendants alike. While both sides might benefit from long negotiations in the financial sense, the additional stress and worry that can come with ongoing litigation are often more than a person is willing to accept. In these cases, a settlement might seem like the best option available to the parties.
What Happens if a Case Does Not Settle in Hawaii?
The reality is that some cases will never settle. This happens for different reasons. In some cases, the other party or their insurance company will simply refuse to take responsibility. If the other driver in an accident is emphatic that you were at fault, their insurer is unlikely to settle your claim.
Some cases will not settle even when liability is not in question. This can happen when the at-fault party lacks the funds to make a reasonable settlement offer. This often occurs when the at-fault party lacks insurance coverage and is forced to settle their case out-of-pocket.
How Long Can Settlement Take in Hawaii?
There are no firm standards regarding how long it takes to settle a personal injury case. Some cases are resolved in a matter of weeks. Others can take years to complete. The facts of your case will determine how long it takes to come to a settlement—if your case settles at all.
Personal injury cases usually take at least a few months to settle. Your attorney will need time to review the facts of your case before sending the at-fault party and their insurance company a demand letter. The demand letter sets out the amount of money you are willing to resolve your case for.
In some situations, a case will settle before a lawsuit is ever filed. When there is little doubt about who was at fault, some insurance companies will pay a claim right away. Others can get mired in litigation. Settlements can occur months or even years after a lawsuit is filed—sometimes up to the moments before a trial is set to begin.
Talk to an Attorney About Settling Your Injury Case in Hawaii
The vast majority of personal injury cases in Kamuela conclude through a negotiated settlement. These settlements can happen for different reasons, including disputes about liability, insurance coverage, or the desire to avoid litigation. What matters is that you get the best possible settlement offer in your personal injury case.
Not all settlement offers are worth accepting. Often, insurance carriers will make unreasonable offers in the hopes of settling a case for pennies on the dollar. The attorneys of Olson & Sons are ready to help you reach a fair settlement in your injury case. Call right away for your free consultation.
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