What is the process of negotiating a settlement in a catastrophic injury case?

When a claimant is pursuing a catastrophic injury case in Maryland, the process of negotiating a settlement typically begins with the claimant’s attorney sending a demand letter to the defendant outlining the claimant’s injury and the amount of compensation they are seeking. The defendant may then send a counter-offer or refuse the offer. If the defendant refuses the offer, the claimant may choose to file a lawsuit. Once a lawsuit is filed, the defendant will be served with a summons and a complaint. The defendant will then have the opportunity to respond to the complaint and enter a plea. After this is done, the parties can begin to negotiate a settlement. During settlement negotiations, the claimant and defendant will either agree to mediation or arbitration or will negotiate directly. During negotiations, the claimant’s attorney will state the facts and legal claims around the catastrophic injuries, while also making a case for the amount of compensation the claimant should receive. At this point, the defendant may agree to settle or may reject the offer. If the defendant agrees to settle, the parties will sign a settlement agreement outlining the terms of the deal. This agreement is usually considered “final and binding,” meaning that once it is signed, neither party can back out or modify the agreement. If the defendant rejects the settlement offer, the parties may continue negotiations or the case may proceed to trial.

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What is the process of negotiating a settlement in a catastrophic injury case?

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