The path towards a settlement starts with an offer.
When might one of the disputing parties make such an offer?
An offer from one party could come before the opposing party had filed a personal injury lawsuit. In that case, the offer would come after submission of a personal injury claim.
An offer could also come after a court case had been filed and a trial had begun. The legal system even allows for presentation of an offer during the jury’s deliberations, but before the courtroom has filled, in anticipation of the verdict.
Achievement of a settlement places an obligation on the plaintiff
The plaintiff must agree to forego all potential claims against the defendant. The same agreement must be documented. That means that the plaintiff must sign a release form.
—The amount of time required for the signing of a release would reflect the presence of absence of a lawyer.
—If the plaintiff had retained an attorney, then he/she would review the release form, before allowing the client to sign it. A lawyer might request changes in the same form, before having the client sign it.
Advantages associated with a quick settlement
The insurance company could benefit in 3 ways from a quick settlement
—That could keep any facts about a serious injury from getting introduced; their introduction would mean that a trial judge could learn about such serious injuries.
—A fast settlement would cut into the time for negotiations. It would deprive the claimant of a chance to seek more money.
—The history behind some case could be something that the insurance company wanted to keep hidden from the public. A fast settlement would work to avoid disclosure of certain facts.
A claimant receives only a single benefit from a quick settlement. The claimant enjoys a guarantee that he/she will receive at least some money. Still, there is no guarantee that the claimant’s compensation could be described as fair; it might be far less than what the recipient (the claimant) deserved.
A claimant’s desire for a quick settlement could provide the insurance company with a golden opportunity. The claimant might simply ask for a certain amount of money. If the insurance company were to realize that the amount demanded was less than the claim’s value, then it would counter the demand with a low bid.
The insurance company might even be able to allege that the evidence had suggested shared fault as personal injury lawyer in Oshawa. In that case, the victim/claimant would have trouble negotiating a far larger settlement. In other words, a quick settlement does not guarantee delivery of all the money that the injured victim deserves, according to all the facts that came to light during the investigation.