People settle most personal injury claims out of court. Cases that do reach a courtroom do so because the parties involved could not reach a fair settlement without involving the court. The process begins when someone makes a claim, but it does not end there. This is why you should work with a top-rated personal injury lawyer who has significant litigation experience. If you value keeping the details of a case and settlement confidential, going to court might not be the right choice.
Settlements
Insurance providers, defendants, and claimants usually prefer to settle personal injury claims out of court through a form of arbitration or mediation. Settlement allows for greater flexibility. It is often less expensive, less stressful, and less time consuming than the courtroom experience. Settling out of court means retaining greater control over all aspects of the case.
People don’t usually publicize the names and details of a civil case. No requirement is in place for the defendant to admit negligence or liability, which can be important for some individuals or companies. When settled out of court, the amount and details of a personal injury case are not public record.
Reaching a settlement with an insurance provider often takes less than ten months and can save money for all parties involved in the claim. A lawyer can use his or her previous experience litigating personal injury cases to determine whether it is likely your case will reach a favorable ruling in court. Although a lawyer cannot guarantee any specific result for a case – a lawyer can only make informed guesses using the available evidence.
Whether or not a case is a part of the public record is also incredibly important to people who might have concerns about revealing the details of their injury to complete strangers. Typically, when a personal injury claim settles out of court, the amount and particulars of the case aren’t public record. Exceptions always exists. However, it is more difficult to attain information regarding a settlement.
Court Rulings
When a court ruling is public, everything submitted to a court or a jury in reaching that ruling is public. This includes all witness testimonies, the details of the victim’s injury, the arguments used by both sides, and the verdict amount for the case. For personal injury cases that actually go to trial, the reason that they go to trial is because one side is being unreasonable, or one side wants to make a public statement about what occurred. Attempting to settle a case out of court is no guarantee a case will stay out of court.
Litigation can take years. After a judge makes a ruling, either party can appeal the decision, which brings the case to another courtroom and requires another hearing. The appeals process can take years to complete because each appeal hearing must determine whether the judge properly applied the law, followed proper procedure or if the court made some other error in the previous trial. If a case results in a ruling against you, it may feel like wasted time and dollars pursuing unreceived compensation.
Bottom Line
If you suffered an injury in an accident and are considering seeking compensation for your injuries through a personal injury claim, speak with a personal injury lawyer about all the possible paths your claim can take. Regardless of the situation, know that no guarantees exist. Despite a claimant’s personal preference, any attempt at settlement has the potential to find its way to a courtroom. A lawyer will better understand the strength of a case and the path forward. As a claimant, understand the outcome you seek before meeting with an attorney and thoroughly explain the situation to them to ensure proper council.
Achieving a personal injury settlement after a serious accident in California could give you and your family immense financial relief. You may finally have the money to pay off medical debts, repair damaged property and get back on your feet. Protecting your privacy and preventing strangers from knowing you received a sizable settlement, however, can be important. Find out which types of personal injury cases may become part of public record to help you successfully navigate your claim in California.
Settlements vs. Injury Trials
A settlement is an agreement two or more parties make without interference from a judge or jury. A personal injury settlement typically takes place between an insurance company and the claimant or claimant’s attorney. Settlements may involve insurance negotiations over the phone or in-person meetings with mediators in California. An injury trial, on the other hand, is a case involving a judge and/or jury. A trial will involve both sides of a case presenting their arguments and a judge or jury determining the outcome, rather than the parties settling the case alone.
A settlement will not become part of public record. A personal injury trial, on the other hand, is a public affair. Trials take place in public courthouses in California. Anyone – including strangers – can attend public hearings and trials. Courtroom journalists can publish articles about the personal injury case, along with details such as the exact amount of the jury verdict or judgment award won. The plaintiff does not have the option of keeping an injury trial or court-awarded compensation private or secret.
For this reason (among others), most plaintiffs prefer personal injury settlements to going to trial. Although a court case may result in greater compensation than an insurance settlement, it also comes with cons such as higher legal fees and a lengthier legal process. If protecting your privacy is a priority for you, a confidential insurance settlement may be preferable to a full-blown injury trial. You may be more willing to accept a settlement from an insurance company if keeping your earnings from the case private is important to you.
Who Can Access Public Court Records?
Anyone can access the information listed as part of public record. Cities make public records available for anyone and everyone to view to increase information transparency. Land deeds are part of public record, for example, so that sellers and buyers have all the information they need to make informed real estate decisions. Court cases must go on public record. It is not within either party’s control what goes on record during an injury trial. The public will have open access to many details of the case.
- The names of the plaintiff and defendant
- The facts of the case
- Statements and testimonies from witnesses
- Evidence presented
- Details of the personal injuries
- Personal information about a family
- The arguments both sides used
- The verdict of the case
- The amount of the final award given, if any
Your ex-spouse, boss, coworkers, children, criminals and strangers can access the details of your personal injury case if it goes to trial in California. If you accept a private settlement, however, the details of your case will not go on record. The public may hear about the settlement, but they will not know the amount you received unless you choose to make this information public. Alternative dispute resolution could be the best route for you if you prioritize privacy.
Most Personal Injury Claims Settle
Most personal injury plaintiffs achieve successful settlements with defendants or insurance companies without having to go to court – especially with help from attorneys. Hiring a personal injury attorney could help you settle with the defendant without a trial. An attorney has the negotiation skills to force an insurance company to offer a fair amount based on the facts of the case and details of the injury. If you wish to settle your case privately, out of court, consider hiring a lawyer. A lawyer can handle negotiations for you to improve your odds of avoiding a trial. A lawyer can help you understand the type of dispute resolution that works best for your case.