Tuesday, June 22, 2010

Releases in Car Accident and Personal Injury Cases - How to Settle a Personal Injury or Car Accident Case. Ottawa Accident Lawyers

Releases in Car Accident and Personal Injury Cases - How to Settle a Personal Injury or Car Accident Case. Ottawa Accident Lawyers

The majority of personal injury court actions and claims are resolved before trial. They are resolved on the basis of negotiated settlements reached between the injured person and the person at fault - tortfeasor which is the person who is alleged to have caused the accident.

As part of most settlements, the injured person must agree to execute a full and final release (release agreement) which provides that the injured person will never in the future pursue the person responsible for compensation arising out of the accident in question. In return for the release, compensation is paid to the injured person by the person responsible for the accident.

If you are negotiating an agreement yourself without a lawyer, it is advisable that the proposed settlement is reviewed by a personal injury lawyer who can review the settlement, the terms of the settlement, the related documents and the compensation offered. The personal injury lawyer can ensure the terms of the settlement and the provisions of the release are reasonable and fair.

Some of the issues to consider when settling a personal injury matter include the following:

1. The terms of the release are fair and reasonable;
2. The compensation reflects a fair assessment of the consequences of the injury on your life;
3. The payment is made in exchange for a release, meaning it is paid upon delivery of a release that is signed;
4. The compensation addresses contingencies for future losses;
5. The tax consequences of the monetary settlement are considered; and
6. The compensation addresses all heads of damages including pain and suffering, out of pocket expenses, loss of income and/or opportunity and other damages.

Settlement of a personal injury claim is more than just agreeing on a number. There are many factors to consider and an experienced personal injury lawyer can ensure that the terms of the settlement, including any releases and the amount of compensation is fair and reasonable.

Hiring an accident and personal injury lawyer can have a significant impact on the success of your personal injury claim. A full assessment can be made so that you receive the maximum amount possible in a negotiated settlement.

Contact us for a free consultation for more information on how to settle a personal injury, disability or accident claim. Ottawa Accident Lawyers - Ottawa Injury Lawyers, Plant Quinn Thiele LLP. 613-315-HURT or 613-315-4878. Marc-Nicholas Quinn, Lawyer and Mediator focusing on personal injury cases.

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