- posted: Jan. 05, 2022
Statistically, and despite what you often hear, the vast majority of personal injury cases settle rather than going to court. Settlement is usually the most advantageous resolution for the client for several reasons. Litigation is time consuming, stressful and very expensive.
Unfortunately, settlement does not always mean getting everything that you want. By definition, a settlement involves compromise, and the willingness to consider the case as a whole (both the good facts, and the bad facts). When both sides are willing to do so, they usually find a way to reach an agreement. This can involve days, or even weeks, of negotiations.
Settlement agreements are essentially contracts. To be valid, there must be an offer, an acceptance and a "meeting of the minds" on the material terms. Like any contract, once reached, they are usually enforceable and binding. Many clients assume they have until they sign the agreement to "really decide". This is usually not the case. Even a verbal agreement, reached through your attorney with your permission, is enforceable! Before you tell your attorney, you will accept a settlement, BE SURE!