What is a settlement in a personal injury case?

A settlement in a personal injury case is an agreement between the plaintiff and the defendant that resolves the case without the need for a trial or any other court proceedings. In a settlement, the plaintiff agrees to accept a negotiated amount of money from the defendant in exchange for dropping any further claims against the defendant. In California, most personal injury cases are settled out of court. This means that the plaintiff and defendant come to an agreement without needing to go to court. Settlements can include both compensatory and punitive damages, though punitive damages are rarely awarded. Compensatory damages are awarded to make the plaintiff “whole” again. These damages may include medical expenses, lost wages, property damage, and pain and suffering. In contrast, punitive damages are awarded to punish the defendant for particularly egregious acts and are usually only awarded in cases of severe negligence or intentional harm. The settlement process generally involves negotiations between the plaintiff and defendant and/or their lawyers. During negotiations, the defendant may offer a lower amount than the plaintiff requested. The plaintiff will then have to decide whether to accept the offer or keep negotiating. If the case is not settled, it may be taken to court.

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What is a settlement in a personal injury case?

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