Settling Your Case Without a Workplace Accident Claim

Not all workplace injury claims are resolved in the courtroom. In fact, not all workplace injuries result in a claim. In many cases, the injury victim and the party responsible for his or her injury can settle the issue of fair compensation for the victim's damages among themselves, rather than involving an insurance provider or the court. This is not always possible, but when it is, it often makes the claim resolution process easier for all parties involved.

After you have received medical care for your workplace injury, contact an experienced workplace accident lawyer to discuss your options. Bring up the possibility of determining a fair settlement with the negligent party without having to file a claim. Your lawyer can determine whether this is a strategy worth pursuing or if it would be better to file a claim. Even if you do pursue this option, you might still end up filing a workplace accident claim if the other party does not cooperate or will not provide a fair settlement amount. Any successful settlement requires all parties to cooperate.

If you can reach a settlement with the negligent party, that party does not need to admit to negligent actions and liability for your damages. This can be beneficial for a party that wants to avoid having a record of negligence.

Settlements are also private, which is ideal for parties that want to keep their identities and cases out of the public record. This is true whether you file a claim or not – your case only becomes public record if it is settled in court.

Settling requires negotiation, sometimes extensive negotiation. Your lawyer can help you with this by working with the other parties involved to reach a fair settlement amount. If you are considering pursuing compensation without a lawyer, you can potentially walk away with a settlement amount that is far less than you actually need to cover your expenses. Let your lawyer work for you by negotiating a fair settlement amount.

If you can settle your case with the other parties involved, the process can be fairly easy and quick. Trials can take months or years to resolve and if the negligent party requires that an insurance claim be filed, the discovery process and compilation of a claim can also be expensive and time-consuming.

If you have been injured in a workplace accident, consider working with an experienced San Jose workplace accident lawyer to pursue a claim for monetary compensation to cover your damages. To learn more about this process, schedule your initial legal consultation with a member of our team at Corsiglia, McMahon, & Allard, L.L.P. We proudly serve clients throughout the Bay Area, San Mateo County, Alameda County, San Benito County, Monterey County, and Santa Clara County.

• Find a Case (PACER)
• How Courts Work