Were you hurt in a bad accident in Stockton, San Joaquin County, or elsewhere in the surrounding region? It is normal to have a ton of questions about your rights and your options. Through a personal injury claim, you may be able to hold the responsible party—and their insurer—liable for the full extent of your damages, including medical bills, lost income, and pain and suffering.
This raises an important question: How often are personal injury cases settled in California? The short answer is that personal injury settlements are far, far more common than personal injury verdicts. Here, our Stockton personal injury attorney provides a more comprehensive overview of settlements, including what they are, the data on them, and how you can get a favorable one.
What is a Personal Injury Settlement?
Broadly defined, a personal injury settlement is an agreement where the party responsible for causing harm through negligence—or, more often, their insurance company—resolves a matter and compensates an injured victim voluntarily, without the case proceeding to trial. The arrangement allows both parties—plaintiff and defendant—to avoid the uncertainties and expenses associated with a courtroom battle. The settlement amount is typically negotiated to cover medical expenses, lost wages, pain and suffering, and other types of damages related to the accident. Most personal injury settlements in California contain confidentiality clauses.
Know the Data: Vast Majority of Tort Cases Resolved Through Settlement Instead of Verdict
How often are personal injury cases settled? The data is clear: The vast majority of cases are resolved through settlements rather than judgments/verdicts. According to comprehensive research from the Bureau of Justice Statistics (BJS), fewer than five percent of tort cases actually reach the trial phase. Once liability is clear, insurance companies are often willing to settle cases. For victims, a settlement can be a desirable outcome—so long as the amount being offered truly reflects the value of their case. You need to make sure that your economic losses and your non-economic damages are properly accounted for, including your property damage (vehicle repairs), lost wages, diminished earning power, medical bills, pain and suffering, and long-term disability.
Four Tips to Get a Full and Fair Personal Injury Settlement from the Insurance Company
While it is certainly true that personal injury settlements are far more common than personal injury verdicts, that does not mean that getting a settlement is easy. Following a bad accident in Stockton, it is imperative that you are able to secure the absolute maximum financial compensation. Here are four tips to get a settlement offer after an accident in Stockton:
- Work With the Insurance Company Through an Attorney: The single best thing you can do after an accident is to consult with a top-rated Stockton personal injury lawyer. Insurance companies are not on your side. They fight hard to protect their own financial interests—and they are not going to do what is best for you and your family unless you can present a strong case. Insurers want to settle personal injury claims for less. A Stockton personal injury lawyer with experience handling settlement negotiations can help.
- Ensure that Your Damages are Well-Documented: In California, personal injury damages are—with very limited exceptions—designed to be linked to a victim’s actual losses. As part of settlement negotiations in a personal injury claim, you should be prepared to prove your damages. Indeed, comprehensive documentation of your injuries and other losses is absolutely fundamental to getting a full and fair settlement offer from the insurance company. A Stockton personal injury lawyer can help you compile all relevant evidence. You should be prepared to prove both liability and damages. The evidence—from medical records to wage loss statements—help to form the foundation of your legal case.
- Be Patient (Insurer May Not Lead With Best Offer): While it would be nice if it worked that way, the reality is that insurance companies do not want to start with their highest settlement offer. Indeed, insurance companies almost never present their best offer initially. Instead, they typically start with a lower amount to test your resolve and to see if you might settle quickly for less. Patience is key. Do not rush personal injury settlement negotiations. One of the best strategic moves that you can make is to give your Stockton, CA personal injury lawyer the opportunity to negotiate. The goal is to maximize your compensation.
- Adjust Your Demand if Appropriate: Effective personal injury settlement negotiations often involve some level of “give and take.” You should be prepared for back and forth between your lawyer and the insurance company. As negotiations progress, it might become apparent that certain aspects of your initial demand are unrealistic or that the insurer has valid points that could affect the settlement value. Your Stockton personal injury lawyer can help you navigate negotiations throughout the entirety of the legal claims process.
Why Rely On Redkey Gordon Law Corp to Negotiate Your Personal Injury Settlement
Following a bad accident, you need a full and fair settlement offer from the defendant/insurer. Unfortunately, it can be hard to get your damages covered. Insurance companies want to pay out less. Our firm has the legal expertise to hold them accountable. At Redkey Gordon Law Corp, we are proud to have recovered tens of millions of dollars in financial compensation for injured victims. With a proven record of successful case results, our Stockton personal injury attorneys are ready to invest the time and resources to help you fight for the absolute maximum settlement.
Contact Our Stockton, CA Personal Injury Lawyer Today
At Redkey Gordon Law Corp, our Stockton personal injury attorneys fight aggressively for justice. If you have any questions about settlements, we are here to help. Give us a phone call now or contact us online to arrange your no cost, no strings attached case review. Our firm has a main office in Stockton and we handle personal injury cases all across the surrounding area, including in Sacramento, Sutter Creek, Lodi, and Manteca.