If 2 disputing parties manage to agree on a settlement figure, there is no need for a lawsuit. However, if problems were to arise during the negotiations, the threat of a lawsuit might be the only way to keep the claims process moving forward. Yet that does not mean that all claimants should consider moving on to the litigation stage, anytime that some problem has cropped up, during pre-settlement negotiations.
A claimant should examine the quality of the evidence, before filing a personal injury lawsuit.
• Would the available evidence do a good job of supporting the plaintiff’s arguments?
• How strong is the evidence that might be used to support the insurance company’s allegations?
Is there a chance that pursuit of a lawsuit might allow the plaintiff to enjoy some added awards?
During the courtroom presentation, the plaintiff’s lawyer could request money for the client’s pain and suffering. Depending on the nature of the defendant’s behavior, a courtroom trial might provide the plaintiff’s lawyer with a chance to seek punitive damages.
Those accident victims that opt for a lawsuit over a chance to settle with the opposing party must consider certain factors
Their personal injury lawyer in Waterloo would know whether or not the judge would agree to accept a request for punitive damages. Judges could hit an attorney with a financial punishment, if that same attorney’s request for punitive damages did not have a sound basis.
Each of those same victims would have to study the details on the injuries sustained by anyone that was in the plaintiff’s automobile. Anyone intent on agreeing to settle with the opposing party should be sure that no occupants of the damaged vehicle had suffered an injury, as the result of the reported collision.
There are risks to settling, and risks to pursuit of a lawsuit.
Some courts put a cap on the amount of money that a plaintiff can seek for pain and suffering. In some states, the judge of a court has the right to levy a fine on an attorney that has requested punitive punishment for a defendant, without providing sufficient evidence in support of that same request.
The risk associated with settling relates to the release form, the one that would come from the insurance company, before arrival of the anticipated compensation check. The insurer would want to see the claimant’s signature on that same form, before issuing any check.
Once the insurance company was in possession of that signed form, it would be freed of liability for any other accident-linked damages. That would include any complications that might arise in any of the injuries for which one or more victims have been treated, during their recovery.