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Should a Boston truck accident victim agree to a settlement?

1/25/2015

The answer to this question varies from case to case. That’s not a purposely evasive response. No two motor vehicle collisions are the same and none may be more complex than a truck accident.

The injuries victims suffer when large trucks are involved in a Massachusetts crash can be catastrophic, disabling and life-threatening. The costs of treating serious injuries, surgeries, rehabilitation and extended care are staggering. Combined with wage losses, damage to a family’s finances can be permanent.

A liability lawsuit may be a truck accident victim’s best option to recover compensation from a negligent party. There is a way to avoid a civil trial and still find economic relief — through a settlement.

Trials and preparation consume time, effort and money for plaintiffs, defendants, attorneys and courts. There’s also uncertainty for the litigants, since no one can predict what a judge or jury will decide. Trials also can be stressful — not just waiting for a court date, but reliving details of accidents many victims would like to forget.

It’s worth at least exploring the idea of a settlement, an agreement reached by parties through negotiations, mediation or binding arbitration. A settlement ends the dispute, with no admission of faultby either party.

Litigants often appreciate the chance to discuss compensation matters in a non-adversarial environment. An agreement equals a definite rather than unknown outcome. There are benefits for both sides of the dispute, but usually not without some sacrifice.

Settlements terms often include a provision that bars plaintiffs from making further legal claims concerning a truck accident. There’s also the chance a defendant will offer far less in compensation than a jury might award. In addition, a plaintiff will not hear an admission of fault, something victims often feel is necessary for closure.

Only you can decide, with a lawyer’s guidance, whether a settlement will satisfy your legal and personal goals.

Source: FindLaw, “Trucking Accident Settlements: What to Expect” accessed Jan. 23, 2015

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