What is the process of negotiating a settlement in a catastrophic injury case?
Negotiating a settlement in a catastrophic injury case in California can be a complex and lengthy process. The process typically starts with a demand letter from the injured person’s attorney outlining the facts of the case, the claimed damages, and the amount of money being requested in a settlement. The defendant or their insurance company will then review the letter and make a counter offer, which the injured person or their attorney will then have to accept or reject. The next step is often to engage in settlement negotiations between the two parties, which can involve the parties exchanging documents and other evidence, as well as discussing and debating the strengths and weaknesses of the case. Through these negotiations, the parties attempt to reach an agreement on the amount of money to be paid in the settlement. Negotiations can be lengthy and complex, and often involve multiple offers and counter-offers before an agreement is reached. Once an agreement is reached between the two parties, they memorialize the settlement in a written document which is then signed by both sides. This document outlines the amount to be paid by the defendant or their insurance company in the settlement, as well as any other conditions such as confidentiality clauses. After the document is signed, the injured person can receive the agreed-upon compensation and can no longer bring the case to court.
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