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To Settle or Not to Settle: A Case Dilemma
by: Paul Hood
A dilemma besetting many cases is the question whether to settle or not. A practical assessment of your position with the aid of a trusted lawyer will provide the answer.

It is never easy to make a decision like settling a case. Many factors come into play but a thing to be remembered is that choosing to settle is based on calculated risks and chances of winning litigation.

If you find yourself in a trial, you or your opponent may choose to offer the other party to settle the case before it reaches court. This discussion of the case is “without prejudice” meaning that you are not bound by any agreement whatsoever if you change your mind prior to receiving the money or before the court is informed of your agreement.

Choosing to settle a case may well be beneficial to you as it can save you a great deal of money and time. Not including the fact that opting to pursue the case may prove to be your own undoing. There is the risk of a prolonged trial or even loss and the cost it will entail may not be the best for you. Indeed it may sound unfair but strains on your personal relationships as well as on your business can be avoided if you choose to settle.

Sometimes, settling can be very difficult. Even if the parties agree about who was at fault in a case, the case may not settle due to a dispute over the amount of damages sustained by the plaintiff. Cases often proceed to trial on the sole issue of damages. Thus, most lawyers will work the case as if it will proceed to trial and hope that their work will enlighten the other side about the need to settle the case. If the case does not settle, that lawyer is then ultimately prepared to try a good case with the best potential for a favorable outcome.

To arrive at a final decision, it is best to enlist the aid of a lawyer who is familiar with the issues attached to making settlements. An experienced attorney can help you be familiar with the workings of settling. Plus, he can give you the most that you can get out of your settlement. The law can be very complex and having a lawyer to guide to step by step can be a very enlightening experience.



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 Personal Injury Lawyer - Do We Need Them?
 by: Mumtaz Shah

Following an accident you'll hear a person say that they don't need to see a personal injury lawyer, TOO expensive! In this article we will set out for you some reasons why NOT seeking, at minimum, a consultation with an accident lawyer could end up costing you a lot of money!

More often than not, regardless of whether you caused the accident or are its victim, if you do not seek a consultation with an accident lawyer as soon as possible after the accident you may well end up regretting your decision. The overriding reasons for saying this are two-fold:

• the insurance company you will be making your claim against are trying to minimise their losses; and

• you most probably don't know what you're entitled to.

As A Victim Of An Accident

Let's assume you are the victim of an unfortunate accident. Let's further assume that your insurance company has come through and has agreed to pay all your medical bills. Now, you may well be feeling that your insurance company are the good guys and you don't need a lawyer's advice. Wrong!

What's happened is nothing less than what the insurance company is obligated to do under the terms and conditions of your accident policy. Moreover, the insurance company is hoping to play on the fact that you feel somewhat indebted to their generosity.

Profitability

That way, they hope, you'll not bring about a bigger claim for what you are rightly entitled to. In the long run that means that they don't have quiet as big an insurance claim loss and they can still make a profit from your policy.

In short, they are protecting their financial wellbeing at the cost of your entitlement rights. But, unless you have spoken to a personal injury lawyer you'll not know this and you'll feel that everything is fine.

So, the next time you are in an car accident or accident, ask yourself this question: 'Is my insurance company interested in protecting me and my rights, or are they more concerned with paying a dividend to their shareholders?'

Non-Profitability

On the other hand, a professional compensation lawyer is normally an ethical impartial third party who knows what your rights are. Aside from possibly being paid a fee, not from or by you, he's also likely to have another job to help a victim better than its' insurance company, (and, keep in mind, if any court proceedings occur, these fees are reclaimed from the opponent side).

So, why shouldn't they tell you the truth about what accident compensation you are entitled to? What's more, even if he does have a financial interest in your case, surely the better compensated you are, the better compensated he is?

As such, if anything, he has even more interest in making sure that you know exactly what your rights are and of making sure that you claim for those rights according to what you are entitled to.

Looked at it like this, it not too difficult to see who the interested party is and who the independent party is. Now ask yourself: 'Do you want to take advice from someone who is interested in minimising your claim, or someone who is interested in maximising it?'

Cause Of An Accident

Now let's look at it from the point of view of, you being the person at fault in the accident. You may well feel that you have nothing to fear, as your insurance company will pay for the damage done. You may even find that initially your insurance company agrees with this. But why...?

Unless you see an accident lawyer as soon as possible after the accident you'll never know. Why? Are you 100% sure that it was your fault...?

Being Polite

The insurance company has to be polite, you're their customer! However, once the claim is over and you're thrilled with their service, you're definitely going to renew your policy. But the extra couple of hundred they ask for will justify the accident? 'Sir/ma'am, you had an accident and your premium has increased!'

Knowing exactly what your rights or obligations are after an accident can be extremely tricky. In most cases it will depend on what happened to cause the accident in the first place.

As such, seeking the advice of a compensation lawyer as soon as you can following an personal injury is the only independent way you can really determine and know exactly what you are entitled to or what you may be liable for arising from the accident.


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