THE BARIC BLOG
When you have been injured due to someone else’s negligence, it can be a challenging and confusing time. Between medical appointments and dealing with insurance companies, you may also be considering legal action. In this comprehensive guide, we will explore the two main options for resolving personal injury cases – settlements and trials. This will help you make an informed decision that aligns with your specific situation and needs.
What is a Settlement?
A settlement in a personal injury case is an agreement between the injured party (the plaintiff) and the party responsible for the injury (the defendant). The defendant, or their insurance company, offers a sum of money, and in return, the plaintiff agrees to drop the case and not pursue any further legal action related to the injury.
Settlements are the most common outcome in personal injury cases. According to a report by the U.S. Department of Justice, about 95% of pending personal injury cases end in a pre-trial settlement. This is because settlements offer a guaranteed outcome, have lower legal costs, and resolve much quicker than trials. However, they also might involve compromise on the compensation amount.
What Happens in a Trial?
Trials are the path chosen when a settlement cannot be reached. They involve presenting the case before a judge or a jury, who then decide whether the defendant is legally responsible for the plaintiff’s injuries and, if so, how much compensation the plaintiff should receive.
Trials can result in higher compensation than settlements, especially in cases where the defendant’s negligence is clear, and the injuries are severe. However, trials are also more time-consuming, expensive, and emotionally draining. Furthermore, the outcome of a trial is uncertain until the very end, and there is always a risk that the plaintiff might end up with nothing.
Choosing Between Settlement and Trial
The choice between settlement and trial in a personal injury case is a complex one and depends on numerous factors. These include the strength of your case, the extent of your injuries, the clarity of fault, the defendant’s willingness to offer a fair settlement, and your personal comfort with risk and patience for a potentially lengthy legal process.
It is crucial to understand that no one can predict the exact outcome of a trial or the exact amount a settlement could be. Therefore, you should always seek advice from an experienced personal injury lawyer before making this critical decision.
Factors Favoring Settlement
Factors Favoring Trial
Navigating the legal process can be tricky, particularly when it comes to specific regulations in Southern California. Here are answers to seven of the most frequently asked questions:
Absolutely, if you don’t accept the settlement offer, you can take the case to trial. However, it’s crucial to understand the risks and rewards involved.
Not necessarily. While trials can potentially result in higher compensation, they also involve more risks, and there’s a chance you could end up with less or even no compensation.
If you reject a settlement offer and then lose in trial, you typically don’t get a second chance to accept the settlement. You might end up with no compensation.
The length of a trial can vary significantly depending on the complexity of the case. It could take anywhere from a few days to several weeks or even months.
Once you accept a settlement, you will typically sign an agreement stating that you will not pursue any further legal action related to your injury against the defendant. In return, you receive the agreed-upon compensation.
Yes, if you lose in trial, you can usually appeal the decision. However, appeals can be complicated and require strong grounds to be successful.
The answer depends on the specifics of your case and your personal preferences. It’s essential to discuss this with your personal injury lawyer to make an informed decision.
References
Final Thoughts
When faced with a personal injury case, it’s essential to understand the differences between settling and going to trial, as well as the pros and cons associated with each. Keep in mind that every case is unique, so what worked for someone else might not necessarily be the best option for you.
At Baric Law, we’re here to help. As a former prosecutor and one of the Top 100 Trial Lawyers in America, Steve Baric has the experience and skills necessary to guide you through this complex process. Contact us at (833) 467-2022 or email sbaric@bariclaw.com to schedule your free 30-minute case evaluation.
Our team is here to assist you. Give us a call and we will be happy to discuss your case in a no-obligation consultation.
THE BARIC BLOG
Imagine the exhilaration of the open road, the freedom of riding a motorcycle, the wind in your face. There’s an inherent sense of adventure that comes with being a biker. But this freedom also carries the risk of accidents, and more specifically, traumatic brain injuries (TBIs). Motorcycle accidents can result in severe injuries, with TBIs being among the most devastating. This is where Baric Law steps in, providing a comprehensive approach to understanding the risks, prevention strategies, and legal options for every rider.
Understanding the Risk of Traumatic Brain Injuries in Motorcycle Accidents
Motorcycle accidents are distressingly common and often lead to severe injuries due to the rider’s exposure. According to the National Highway Traffic Safety Administration, motorcyclists are 27 times more likely to die in an accident than passenger car occupants. One of the most severe outcomes of these accidents is a traumatic brain injury, a risk that Baric Law is dedicated to addressing.
A TBI, as understood by experts at Baric Law, can range from a mild concussion to severe brain damage. This can lead to long-term complications or death. The physical, cognitive, and psychological effects of a TBI can be life-altering, influencing every aspect of the victim’s life.
The Baric Law Approach to Motorcycle Accidents and TBIs
The Baric Law Approach is a comprehensive method that integrates risk awareness, prevention strategies, and legal solutions to motorcycle accidents and TBIs. We underscore the importance of rider education, safety gear, and legal recourse in the event of an accident.
Rider Education and Safety
An informed rider is a safer rider. Understanding the risks associated with motorcycling and adopting defensive driving techniques can significantly reduce the chances of accidents. Baric Law emphasizes the need to know how to handle a motorcycle in various weather conditions and how to negotiate curves, intersections, and other potentially dangerous road situations.
Regular maintenance of the motorcycle can also contribute to safety. Ensuring that the brakes, lights, tires, and other parts of the motorcycle are in good working order can prevent accidents.
The Role of Safety Gear
No discussion of motorcycle safety would be complete without mentioning the crucial role of safety gear. Helmets, in particular, play a vital role in protecting riders from TBIs. According to the Insurance Institute for Highway Safety, helmets are about 37% effective in preventing motorcycle deaths and about 67% effective in preventing brain injuries.
In addition to helmets, other safety gear such as jackets, gloves, and boots can protect riders from other injuries in the event of an accident.
Legal Options Following a Motorcycle Accident
In the unfortunate event of a motorcycle accident leading to a TBI, it’s crucial to understand your legal rights. The Baric Law Approach emphasizes the importance of timely legal action to secure justice and compensation.
In many cases, the accident may be due to another party’s negligence. This could be another driver, a motorcycle manufacturer, or a local government body responsible for road maintenance. With Baric Law by your side, you may be able to file a personal injury lawsuit and receive compensation for medical expenses, lost wages, pain and suffering, and more.
The Role of Personal Injury Lawyers at Baric Law
Personal injury lawyers at Baric Law play a vital role in helping victims of motorcycle accidents and TBIs navigate the legal process. They can help gather evidence, negotiate with insurance companies, and represent the victim in court. With over 25 years of experience, Steve Baric and his team provide invaluable assistance during this challenging time.
Conclusion
Motorcycle accidents and TBIs are a significant concern for all road users, a concern that Baric Law takes very seriously. The human, economic, and social implications are substantial, underlining the importance of prevention strategies. While there are measures that motorcyclists can take to protect themselves, the responsibility also lies with other motorists to ensure the safety of all road users. Legal options are available to victims to help mitigate the financial burden of these accidents, and Baric Law is here to provide guidance every step of the way.
Remember, safety should always be our top priority on the road. By taking preventive measures, respecting fellow motorists, and understanding our legal rights, we can collectively contribute to a safer environment for all road users. With Baric Law at your side, you can navigate the complexities of a Motorcycle Accident Brain Injury with confidence and expertise.
Navigating the legal process can be tricky, particularly when it comes to specific regulations in Southern California. Here are answers to seven of the most frequently asked questions:
Absolutely, if you don’t accept the settlement offer, you can take the case to trial. However, it’s crucial to understand the risks and rewards involved.
Not necessarily. While trials can potentially result in higher compensation, they also involve more risks, and there’s a chance you could end up with less or even no compensation.
If you reject a settlement offer and then lose in trial, you typically don’t get a second chance to accept the settlement. You might end up with no compensation.
The length of a trial can vary significantly depending on the complexity of the case. It could take anywhere from a few days to several weeks or even months.
Once you accept a settlement, you will typically sign an agreement stating that you will not pursue any further legal action related to your injury against the defendant. In return, you receive the agreed-upon compensation.
Yes, if you lose in trial, you can usually appeal the decision. However, appeals can be complicated and require strong grounds to be successful.
The answer depends on the specifics of your case and your personal preferences. It’s essential to discuss this with your personal injury lawyer to make an informed decision.
Meet Steve Baric
Steve Baric has an impressive record of handling over 200 jury trials, including dozens of serious felony and complex civil trials. He brings to his work decades of experience as a former prosecutor, a general counsel in private business, an elected city council person, and a trusted lawyer. Steve is highly skilled at handling high-profile cases that attract significant publicity, drawing on his extensive experience as an appellate advocate before the California Courts of Appeal and the California Supreme Court.
Beyond maintaining an active trial practice, Steve is the go-to Government affairs lawyer, regularly representing parties before state and local governments. His extensive legal acumen was demonstrated when he successfully guided ACI Jet OC through a three-year competitive bidding process involving a $200 million contract at John Wayne Airport. Steve advises public officials, political candidates, PACs, and campaigns on election laws and regulatory compliance, areas where he is an acknowledged expert. His work earned him recognition from the Orange County Register in its “insiders” guide to Orange County.
Known for his determination and calm demeanor under pressure, qualities honed prosecuting tough criminal street gangs as a member of the elite TARGET Gang Task Force, Mr. Baric was honored by Mothers Against Drunk Driving with the prestigious Diligent Prosecutor Award. He is a frequent guest speaker on local and national media and before business and political bodies, including the California Chamber of Commerce Board of Directors. Steve holds a J.D. from McGeorge School of Law and a B.A. in History from California State University, Long Beach.
Contact us at (833) 467-2022 or email sbaric@bariclaw.com to schedule your free 30-minute case evaluation.
Our team is here to assist you. Give us a call and we will be happy to discuss your case in a no-obligation consultation.
~ Tony Rackauckas
Orange County District Attorney (Retired)
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SACRAMENTO, STOCKTON, MODESTO & FRESNO
650 Town Center Drive
STE 1500
Costa Mesa, CA 92626
Tel: (833) 467-2022
SMS: (949) 570-9165
Email: info@bariclaw.com
© 2023 Baric Law. All Rights Reserved.
Privacy Policy
CONTACT
650 Town Center Drive
STE 1500
Costa Mesa, CA 92626
Tel: (833) 467-2022
SMS: (949) 570-9165
Email: info@bariclaw.com
© 2023 Baric Law. All Rights Reserved.
Privacy Policy
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