Stages 8 and 9 of 10: Personal Injury Lawsuit Settlement Negotiationsby Valerie Bock, November 22nd, 2011
Stage 8: What are Pre-Trial Court Motions?This article is Part 8 of The 10 Critical Stages of a Personal Injury Lawsuit. The attorneys for either side may seek to settle issues about evidence or even liability and damages, by filing papers asking the Court to decide these issues before a trial. Normally, you need not appear in court for these kinds of hearings, although your attorney should keep you informed when the motions are filed, why they are being filed, and the results. Some motions filed in court deal with routine matters, and your attorney may not go into as much detail about them. Stage 9: Learn How Lawsuit Settlement Negotiations WorkThis article is Part 9 of The 10 Critical Stages of a Personal Injury Lawsuit. Settlement negotiations tend to continue over the entire course of a case, but once discovery is completed in your lawsuit, they are renewed. For you, as a practical matter, lawsuit settlement negotiations differ little from those made out of court. Your attorney will review settlement offers with you, and they will go back and forth. Often, this is the point in the case at which the parties come to settlement, because if they do not, then they face the expense and uncertainty of a trial. Some courts may refer your case to mediation. Mediation is a voluntarily settlement conference, moderated by an independent third party - usually a retired judge or an attorney - who provides an independent third view on your case. The mediator will listen to your best evidence and your settlement offer, then will do the same for the defense side. The mediator will then tell you what he or she thinks of the case, assessing it for its value and likelihood of success in front of a jury or judge, and helping the parties come closer to settlement. The process may last for hours, as settlement offers and counter-offers are made. Mediation is also a good way for your personal injury attorney to feel out your opponent's case even further, ensuring that any holes in your own case are filled before proceeding to trial, if settlement is not reached.  All content on Accidents.com is for informational purposes only and is NOT intended as legal or medical advice. Please seek advice from a professional on any related topics.
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