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Verdicts and Settlements: What’s the Difference?

Home » Verdicts and Settlements: What’s the Difference?
January 22, 2021
Edward Smith

The Difference Between a Verdict and a Settlement

On our website, AutoAccident.com, one of the sections that we have our potential clients review in order to learn more about our firm is called our Verdicts and Settlements page.  While each example on the page indicates how much a case concluded for, you may be left with the question: What’s the difference between a verdict and a settlement?  The short answer is that a verdict is handed down by a jury after the case has gone to trial, and a settlement is an agreement between the parties that is reached outside of the court.

Some law firms only settle cases outside of court.  It is important for a person searching for an experienced and skilled personal injury attorney to know that if necessary, the law firm that they choose will take their case to trial.  

Below we will look more closely at the differences between verdicts and settlements.

Settlements

A case is settled when the opposing parties reach an agreement to conclude their dispute.

Following a car or truck accident, if the at-fault driver, or their insurance company, agrees to pay for the victim’s damages, such as medical bills, property damage, wage loss, and pain and suffering, a settlement may occur.  Such settlements often take place before a lawsuit is even filed.

The Process of Reaching a Settlement

Before a settlement can be reached, the insurance company for the negligent driver must accept fault for the accident.  A good attorney will ensure that the injured person has received all necessary medical care, and the status of any permanent injuries is known and any necessary future treatment is accounted for before a settlement is even discussed.

The lawyer for the injured person will send a demand letter to the opposing insurance company outlining the damages and requesting full compensation.  The insurance company will then usually respond with an offer that is lower than the value of the case, and a process of negotiation will begin.  If the insurance company brings its offer up to a reasonable amount, and the injured client agrees to the amount, a settlement may be reached.

Verdicts

If the case cannot be settled informally, outside of court, a lawsuit may have to be filed, and the case will progress toward trial.  Many times a case will still settle at some point before trial, but some cases do end up in front of a jury.  If the case is presented at trial, the jury will make the decision about how much the case is worth.  That decision is called the verdict.

The Process of Reaching a Jury Verdict

The road to civil trial is long and involves several steps, including a process known as pre-trial discovery.  During the discovery phase, there will be written questions to answer, documents to be produced, and oral depositions will be taken.  This is all part of the journey toward reaching a fair jury verdict.  

Once discovery is completed and the case is assigned to a courtroom, the trial process begins.  A jury is picked, opening statements are given, witnesses are called, and evidence is introduced.  After all of the evidence has been presented, and the attorneys will give their closing statements, the case will go to the jury for deliberation.  After considering all the evidence presented, the jury will render its verdict.

Watch the YouTube video.  The short video below goes over the process of being a juror in California, and answers the question: how are jurors picked?

Sacramento Truck Accident Lawyer

Hello, and thank you for reading our discussion of the differences between verdicts and settlements.  I’m Ed Smith, a truck accident lawyer in Sacramento, California. Whenever there is an accident involving a large commercial truck, the property damage, and often the injuries, can be severe.  If you have been injured in a truck accident caused by a negligent driver, it is wise to promptly seek legal advice from an experienced Sacramento truck accident lawyer.   Our injury lawyers will be happy to offer free and friendly advice – just call us at (916) 921-6400, or from outside the Sacramento area, at (800) 404-5400.  Alternatively, you may contact us online.

Photo Attribution: https://pixabay.com/illustrations/lawyer-judge-african-cartoon-man-3819044/

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