What is the settlement process for a brain injury case?

The settlement process for a brain injury case in New York can vary depending upon the facts and circumstances of each case. Generally, the process begins with the injured party filing a claim or lawsuit seeking damages against the responsible party. This is then followed by a period of negotiation, in which the attorneys for both sides attempt to reach a mutually beneficial settlement agreement. If negotiations are unsuccessful, the case may proceed to trial where a jury will decide the amount of damages to be awarded to the injured party. Once an agreement is reached by both parties, it is memorialized in a settlement agreement. This document outlines the compensation that the responsible party is willing to pay the injured party in exchange for them waiving and releasing any claims they may have against the responsible party. The settlement amount is commonly paid in a lump sum, although there may be structured payments depending on the agreement. The settlement process may also include factors other than the amount of money to be paid, such as non-disclosure agreements concerning the events of the accident. The injured party may also seek medical and other care for their brain injury, which is typically included in the settlement agreement. Once both parties have signed the agreement, it is binding and the injured party no longer has the right to seek further compensation from the responsible party.

Related FAQs

What is the process for filing an appeal after a brain injury settlement?
What is the difference between a traumatic brain injury and an acquired brain injury?
What are “catastrophic” brain injuries?
What is the difference between a plaintiff and a defendant in a brain injury lawsuit?
What is the difference between a closed head injury and a mild traumatic brain injury?
What is the link between a brain injury and depression?
What are the short-term effects of a traumatic brain injury (TBI)?
How do I handle the press after filing a brain injury lawsuit?
How does the law define “disability” for a brain injury case?
What is the role of the court in a brain injury lawsuit?

What is the settlement process for a brain injury case?

Related FAQs

Related Blog Posts