What is a settlement in a personal injury case?

A settlement in a personal injury case is an agreement between the injured party (plaintiff) and the responsible party (defendant). It usually is reached outside of court and is seen as a way to avoid a potentially lengthy and expensive court process. In Virginia, a settlement usually comes in the form of a lump-sum payment from the responsible party to the injured party. This money is meant to cover the costs and damages associated with the injury, such as medical bills, lost wages, and pain and suffering. The amount of money that is offered in a settlement can be negotiated, and the amount is usually based on the degree of the injury, among other factors. In some cases, settlements can also include non-monetary or “in-kind” benefits such as repairs or replacements, or the defendant taking some kind of action to prevent the same type of incident from happening in the future. Both parties sign an agreement once the settlement amount has been agreed upon. After the agreement is signed, the settlement amount is typically paid out by the defendant within a period of time (e.g. 10 days). After the settlement is finalized, the case is typically dismissed, meaning that the defendant cannot be sued for the same issue in the future.

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