Settling a personal injury case involves reaching an agreement where the defendant agrees to compensate the claimant without the need for a trial. Legal fees can significantly impact the decision to settle, as the costs of litigation can often outweigh the value of the claim. Settlements are a common and often beneficial way to resolve legal disputes, as they help avoid the uncertainties and length of court proceedings.
Here, JMW walks you through key aspects of case settlements, including when they can occur, how the process works, and what to expect once a settlement is reached.
To find out more about how we can help you to make a claim, call us on 0345 872 6666 or read more about our personal injury services here.
There are two types of Personal Injury cases, as follows:
PORTAL CASES
Generally these are cases where your compensation award is likely to be less than £25,000 and the injury has occurred in England and Wales.
NON-PORTAL CASES
Generally, these are cases that either; i. have occurred abroad. ii. Are likely to provide you with compensation in excess of £25,000 or iii. Have left you with life-changing injuries.
Learn about the types of cases we deal with
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*Usually, a case will settle before a final hearing, however once court proceedings have been issued, your lawyer will have to prepare the case as if it will go to trial.
A case settlement refers to an agreement reached between the parties involved in a personal injury claim, where the defendant agrees to compensate the claimant without the need for a trial. An offer to settle is a formal proposal made by one party to the other, outlining the terms under which they are willing to resolve the dispute. Settling a case is a common resolution method that helps avoid the uncertainty and length of court proceedings.
The settlement process typically involves several stages. After both parties have gathered and exchanged the relevant evidence, similar to the court process, they assess the impact of the incident and begin negotiations. The goal is to reach a mutually agreeable settlement that fairly compensates the claimant for their injuries and losses.
Settling a case offers several benefits. Utilising a neutral third party in alternative dispute resolution methods can facilitate negotiations and arbitrations, helping parties reach a settlement without formal litigation. It often saves time and reduces legal costs, as it avoids the need for a lengthy trial. Additionally, a settlement allows the claimant to receive compensation sooner, providing much-needed financial support for recovery and other needs.
In certain situations, such as cases involving minors or individuals who lack mental capacity, the settlement must be approved by the court. In these cases, the court may order costs to be paid on an indemnity basis when a claimant receives a judgement that is at least as advantageous as a defendant's offer. This ensures that the settlement is in the best interest of the claimant. A lawyer guides you through the settlement process, ensuring that all legal requirements are met and that the terms of the settlement are fair.
A case can be settled at various stages, often before reaching trial. The pre-action protocol, which includes specific procedural codes governing offers to settle, plays a crucial role in this process, especially in low-value personal injury claims. Settlement discussions may begin once the initial evidence has been exchanged, allowing both parties to assess the strengths and weaknesses of their cases. Early settlements can be advantageous as they avoid the costs and time associated with court proceedings.
In many personal injury cases, settlement negotiations intensify after the exchange of evidence, such as medical reports, witness statements, and expert opinions. At this stage, both parties have a clearer understanding of the incident’s impact, including the claimant's costs, making it easier to reach a fair and reasonable settlement.
Even after court proceedings have commenced, a case can still be settled. In fact, many cases settle on the eve of the trial or even during the trial itself, often to avoid the risk of being liable for the defendant's costs. Settling at this point allows both parties to avoid the unpredictability of a court verdict and to agree on compensation terms without further delays.
In some cases, a settlement can occur after a court decision, particularly if one party intends to appeal. General rules outlined in procedural codes provide a structured framework for handling such settlements. Rather than undergoing a potentially lengthy appeals process, the parties may choose to settle on new terms that are acceptable to both.
For cases involving minors or individuals who lack mental capacity, any settlement reached must be approved by the court. This ensures that the settlement is in the claimant’s best interest. Your lawyer will guide you through this process to ensure that all necessary steps are taken.
Yes, it is entirely possible to settle a case before a court date is set. In fact, many personal injury cases are resolved at this stage through negotiations where one party sends an offer or demand letter to the other party. Early settlements can be beneficial as they often save time, reduce legal costs, and provide the claimant with compensation sooner than if the case proceeded to court.
Before court proceedings begin, both parties typically engage in negotiations after the relevant evidence has been gathered and exchanged. This often includes claims arising from low-value personal injuries associated with road traffic accidents. During this period, the defendant may offer a settlement based on their assessment of the evidence and the potential outcome of the case. If both parties can agree on the terms, the case can be settled without the need for formal court involvement.
Settling before a court date is set can be advantageous for several reasons. It avoids the stress and uncertainty of a trial, allows for quicker resolution, and ensures that the claimant receives compensation more swiftly. Additionally, early settlements can help maintain privacy, as court proceedings are typically a matter of public record.
Once a settlement agreement is reached, the defendant typically has around four weeks to forward the settlement payment. This timeframe is standard in personal injury cases and allows the defendant to arrange for the funds to be transferred. However, the exact timeline can vary depending on the specific terms agreed upon during settlement negotiations.
Several factors can influence how long a defendant has to pay a settlement. These may include the complexity of the case, the involvement of multiple parties or insurers, and any specific terms outlined in the settlement agreement. In some instances, the payment period may be shorter or longer, depending on these variables.
If a settlement is reached after court proceedings have begun, the court may issue a consent order that formalises the settlement terms, including the payment deadline. The court’s involvement ensures that the payment is made within the specified timeframe, and any delay could result in legal consequences for the defendant.
If the defendant fails to pay the settlement amount within the agreed timeframe, your lawyer can take further legal action to enforce the payment. This may include applying to the court for enforcement orders, which compel the defendant to comply with the settlement terms. Your lawyer will guide you through this process to ensure you receive the compensation owed to you.
To speak to an expert about an injury that was caused by somebody else’s negligence and your right to make a claim, contact JMW today. Our solicitors are waiting to hear from you and are happy to answer any questions you may have. To get in touch, simply call us on 0345 872 6666 or complete the enquiry form to let us know that you would like to hear from us.
