Tuesday, December 2nd, 2008
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Personal Injury Claim Settlement

by Patricia Tunstall

Reasonable Personal Injury Claim Settlement

A personal injury claim settlement is quite common, as only a small fraction of such lawsuits actually go to trial. Both plaintiff, the injured person, and defendant, the injurer, may have reasons to settle rather than continuing to pile up expenses. One of the parties may become convinced that the other has a stronger case and that it would be wise to settle now rather than take a chance on a larger judgment for the other party.

The plaintiff may be running out of money, and feel forced to negotiate a settlement without legal funding from third-part groups. Such an early personal injury claim settlement may have no reasonable relation to the severity of the physical or emotional injuries suffered by the plaintiff, and may not sustain quality of life. In this case, the plaintiff may remain a burden on a family, further complicating the financial situation of all involved.

What Is a Personal Injury?

This term covers a multitude of harms done to those things that make up who you are: body, emotions, mind. So this covers physical injuries, emotional distress, and mental suffering. More specifically, the range of causes of action under this umbrella term seems to cover human affairs in general: car accidents, slip-and-falls, medical malpractice, invasion of privacy, assault on your reputation, intentional infliction of emotional distress.

Some of these cases are usually easier to prove than the others, but all involve trauma that the law compensates with money damages. Without adequate litigation financing, however, the case is lost and the defendant escapes any responsibility for the harmful conduct. By preventing a premature personal injury claim settlement, third-party companies permit the case to get a hearing in court.


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