A serious personal injury can change the course of a California resident's life. It may prevent them from returning to work or from enjoying the life that they built with their loved ones. It may cause them and their dependents to experience significant financial hardship if they are forced to pay out of pocket for the losses they incurred due to another party's negligence.
One way that individuals can work to recover their losses after such a tragedy is by filing a lawsuit against the party or parties that caused their harm. Litigation is the process of presenting a claim, offering facts and evidence to prove it and overcoming defenses to prevail in court. When a person wins their case through litigation they may be awarded damages based on the losses that they were able to prove.
Not everyone who suffers a personal injury will choose to go to court. Others may decide to settle their possible legal claims in exchange for financial support. When a person settles their possible case, they agree to release their legal claims against the responsible party or parties; in return, they are given a set sum of money. One of the disadvantages of settling legal claims is that once they are settled, they generally cannot be litigated for more damages.
This post does not offer legal advice to its readers regarding whether settlement or litigation would better serve their needs. In order to understand this decision and the considerations that should go with it, readers are encouraged to contact their trusted California personal injury attorneys to speak to them about their unique legal needs. This will ensure they understand their matter, what options they have and what steps to take moving forward.