What are the common considerations at play in Personal injury settlement? How about the negotiation rules? Is there a difference between a claim and a lawsuit?<br><br>Post edited by: dyrah, at: 2008/03/26 17:50

The difference between a claim and a lawsuit would generally depnd on the jurisidiction you are in. Some jurisdictions deem the claim portion the pre-complaint portion of an action the claims period, and post-complaint the suit. As far as negotiations go, it depends on the size of your suit. Larger suits sometimes settle more quickly if you agree to let the insurer pay off a settlement in different non-consecutive business quaters, so their profit and loss statements are not all out of wack. Smaller claims have different tactics, which sometimes means that a friendly relationship between the lawyer and the adjuster can avoid a lawsuit altogether. It really depends. But, one common thread between big and small suits is that a complete release for any potential future claims just about always has to be given by the plaintiff. The better your medical records in the begininng the better likely hood of settlement. And depending on your jurisdiction, if the claim is over policy limits most policy have a duty of defense clause that the insureds attorney can leverage in your favor if you are willing to settle for policy limits, the insurer may not want to deal with a bad faith claim.

Thank you.<br><br>Post edited by: dyrah, at: 2008/04/11 19:04

A claim is strictly between you and the defendant. It does not involve the courts.

On the other hand, lawsuit is a formal ventilation of cause of action in courts. As when you take the defendant to court to obtain damages for your injuries or when defendant won't give you a fair injury settlement.