HOW DO PERSONAL INJURY SETTLEMENTS WORK IN VIRGINIA?
If you have questions about personal injury settlements in Virginia, it’s best to hire a knowledgeable personal injury attorney to explain your support options.
A “settlement” is an agreement between an injured person and negligent person and his or her insurance carrier to resolve a claim. Almost universally in personal injury matters, the settlement will be between the injured party and the negligent party’s insurance carrier. In exchange for an agreed sum of money paid by the negligent party’s insurance carrier, the injured party agrees to release any and all claims he or she may have against the negligent party and the insurance company as a result of the accident. This means that beside the agreed upon settlement amount, the injured person will no longer be able to recover any sum of money on account of the accident. If a lawsuit is pending, then the case will be dismissed with prejudice (meaning it cannot be refiled if additional injuries are discovered).
Typically, settlements are reached after a demand for settlement is made by the injured party’s attorney to the insurance carrier. After a demand is made, the insurance company can either accept the demand, or make a counter offer, or refuse to make any offer, in which case the decision is then made to file suit. A settlement cannot occur unless the injured party and the insurance carrier agree on the terms, and no one can be forced to settle their case. A settlement can occur before a lawsuit is filed, after a lawsuit is filed, during trial, or even during an appeal of the trial.
Consulting with a personal injury attorney is important before you agree to settle any personal injury claim. An injured party only has one bite at the apple when it comes to an agreed settlement. A personal injury attorney will have experience accessing and advising on the value of a case, whether an offer should be accepted or a suit should be filed, and when a demand should be made. Insurance companies are not an injured party’s representative, and in this writer’s opinion, often undervalue personal injury claims. If you or a loved one has questions about a personal injury claim in Virginia, the attorneys at CowanGates are here to help and offer free consultations for personal injury matters.
Contact an Experienced Personal Injury Attorney in Richmond, VA
Henry Jones is one of the personal injury attorneys at CowanGates. He has experience in personal injury matters involving automobile accidents, truck and tractor trailer accidents, premises liability (slip and fall cases), transportation network companies (Uber or Lyft), hunting accidents, medical malpractice, and pedestrian accidents. Henry serves clients across the Commonwealth of Virginia and is here to help. To speak with an experienced personal injury attorney in Richmond, Virginia, and receive the comprehensive legal advice you deserve, call 804-320-9100 today and ask to speak with Henry.