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Pros and cons of out-of-court personal injury settlements

On Behalf of | Jul 11, 2016 | Uncategorized |

A person hurt in a commercial vehicle crash in Louisiana has some options when trying to get compensation from the responsible party. The person could litigate the issue and strive for a positive court ruling. Alternative dispute resolution presents another option. Alternatives such as mediation, arbitration and negotiation offer advantages such as a faster resolution and costs that are lower than a prolonged trial. 

Pursuing mediation generally reduces the hostility between the parties. Each side will gain a place to express their claims and concerns within a confidential setting. A trained third party will guide the discussion and strive to provide productive insights. After each party states a position, the meeting could move toward resolving the issue and establishing a payment for the victim.

Although these alternative approaches to personal injury disputes could spare each side the difficulty of litigation, an out-of-court settlement could have limitations. These deals often require that the accident victim give up all legal claims that involve the truck accident. The agreement will eliminate the right to a trial. As for compensation, the monetary settlement could be lower than what a court might award to the injured party if negligence can be shown.

Someone injured in a truck accident might want to gain the opinion of an attorney before choosing one form of dispute resolution over another. An attorney might inform the person about the scope of the case, which might include more than just the driver but also the trucking company. An attorney’s insights about the expected long-term costs of a disabling injury might also help the person understand how much compensation could be adequate to cover damages. Representation for the victim could be provided by the attorney regardless of the form of dispute resolution selected.