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Law Offices of Alvin F. de Levie
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(215) 696-3900
Law Offices of Alvin F. de Levie
TALK TO ALVIN TODAY FOR FREE
(215) 696-3900

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LAW BLOG

A Personal Injury Lawyer Can Guide You Through the Settlement Basics

  • By Al de Levie
  • 20 Nov, 2017

If you have been injured by another person, in the form of an accident, fall or product malfunction, contact a personal injury lawyer to assist you in claiming a lawsuit.

Who Ends Up Paying Settlement in a Lawsuit?


If you have been injured (either physically or emotionally) by another person, in the form of an accident, fall or product malfunction, you are liable to claim a  personal injury  lawsuit. There are two ways in which you can receive compensation for personal injury lawsuit:

  • File a personal injury lawsuit in order to collect compensation after a trial before court
  • Get offered and accept a lawsuit settlement outside of court.


Settlement occurs when an insurer or a defendant makes an offer of payment to an injured person.

  • The offer of settlement may be made before any lawsuit has ever been filed after a potential claim arises.
  • It may be made after a case has gone to trial and a trial has begun, as long as no final verdict has come back.
  • Some settlements are made once a jury is deliberating since parties in the case often choose to settle their case rather than leave their respective fates in the hands of an unpredictable jury.

A “settlement” is a formal resolution of a legal dispute without the matter being determined by a court judgment. The defendant usually offers the plaintiff a certain amount of money. In exchange, the plaintiff signs a release renouncing his or her option for potential claims in the future.


If you have been injured as a result of someone else's negligence or carelessness, you have the legal right to be compensated for your losses. A personal injury lawsuit can be filed after a number of aspects have been sorted. After determining the extent of your injury, your personal injury lawyer will calculate the damages and losses suffered by you such as – general damage, special damage, past economic losses, future economic losses, etc.


When a person undergoes an injury connected to the brain or the spinal cord, it can be classified as a catastrophic injury. In the case of these types of injuries that affect the victim’s ability to lead a normal life or earn a living, claims for compensation are often settled out of court. Some settle without filing a lawsuit while others settle before trial. Since catastrophic injuries result in extensive damage, insurance companies choose to limit their losses by settling the claim rather than risking a higher verdict.


Once a settlement has been reached, the process of payment is the next step. The responsible parties are established during the initial claim phase. These parties may include:


  • A second insurance company – A second insurance company may pay for the remaining damages, especially if the business or individual has more than one policy.
  • Private party – A private party may have to pay the remaining balance using personal assets to cover the judgment debt.  They would be required to pay settlement funds from his or her own assets in two different situations. - If the settlement is for an amount greater than the policy limit on that claimant's insurance coverage, or if the defendant does not have insurance.
  • Third Party Defendant – A defendant may often find that another person caused or contributed to the loss which the claimant is trying to recover from it. If so, the defendant can seek an amount from that third party for the settlement of any damages suffered by the claimant.


Why Do Most Cases Settle?

The fact that so many cases settle, especially when insurance companies are involved, naturally leads to the question of why? There are many reasons, including:

  • The settlement allows a defendant to control risks and avoid legal costs - If the defendant is aware that he will be held accountable for his actions, he would want to avoid appearing before a jury that will not be in his favor. To evade an exorbitant amount that the court may charge him for the damages caused, the defendant or insurer may prefer a settlement where it has control over how much to offer.
  • Settlement can allow a defendant to keep the case low profile - Well-known companies with a public profile will opt for a settlement. A quiet out-of-court settlement can help avoid major publicity that can easily tarnish the company’s image for good.  A vow of confidentiality can be claimed by the company in case of a lawsuit settlement.
  • The settlement allows a plaintiff to avoid a prolonged trial - Trials can extend for months, or even for years if there are appeals. The settlement is cost effective and does not put a strain on your time. Repeated visits to court, putting up a case, collecting evidence, etc. can be avoided. It can provide a quick and dignified conclusion to the case.
  • The settlement allows a plaintiff a guaranteed victory - There is the assurance of some sort of compensation. If you take your case to trial, you could lose and walk away with nothing,  in addition to the lost lawyer fees and time wasted.


An experienced personal injury lawyer is important to have on your side when filing a claim. For assistance in the legal process and to find out how much you can get paid for your personal injury, contact the Law Offices of Alvin F. de Levie & Associates at 844-777-2529 to speak with a dedicated member of our legal team or for a consultation.

Alvin F. de Levie is a 1973, Phi Beta Kappa graduate of the Pennsylvania State University and a 1976 graduate of the Villanova University School of Law. He is an expert in Pennsylvania Law revolving around medical malpractice and personal injury. 


Mr. de Levie has consistently been voted by his peers to receive Martindale-Hubbell's "AV Preeminent" 5.0 out of 5.0 rating. An AV Preeminent rating is the highest possible rating in both legal ability and ethical standards. 


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