An injury claim can be stressful from the word go due to the adversarial nature of the legal process as well as a myriad of uncertainties associated with the process. That said, what a lot of claimants may not know is that most lawsuits are settled before they become full-fledged trials as this tends not only to be expensive, but it also clogs up the courts with oftentimes frivolous claims or claims that can be settled in an amicable manner. In some instances, should a case teeter on the verge of going to court, a judge may order what is known as a settlement conference which is a court-ordered negotiation session where the case’s dynamics are teased out and hopefully resolved in the presence of a judge.

For many individuals, the idea of a judge presiding over negotiations can be intimidating; however, their presence must be seen as a good thing since they represent a neutral party who can provide an unfiltered assessment of the case’s weaknesses and strengths. In this post, we’ll take a look at what exactly goes on in a settlement conference and highlight the role of the judge, as well as how we prepare for and leverage their presence for your advantage – read on to find out more.

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Are you looking for the best injury lawyer? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced injury attorneys at McCready Law bring to the table over 90 YEARS of combined legal experience where we’ve helped tens of thousands of injured Americans from all over the country recover compensation after getting injured on account of the negligence of other individuals or large corporations. Over the decades, we have been able to successfully recover over $260 million and counting for our clients with some of these judgments or settlements ranging in the hundreds of thousands and even millions for cases that involve catastrophic injury or wrongful death.

Our success can be attributed to a number of factors such as the fact that our lawyers personally handle all claims, and we do not shunt them over to paralegals or legal assistants as is common in most law firms, a practice that can jeopardize the outcome of a case. We also engage highly experienced and renowned experts in the forensic science, investigative, medical and accounting fields to ensure that your injuries are objectively documented and that causation is demonstrated, negligence proved and your injuries are quantified by way of damages.

We run a bilingual firm (hablamos Español), and we have nationwide reach thanks to our vast network of trusted referral attorneys. Lastly, we take on all cases on contingency fee basis, which simply means that there are ZERO UPFRONT FEES for the duration of the processing of your claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf. If you or a loved one got injured by someone you know in your family or friend circle, please give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – our intake team is standing by.

Settlement Conferences in Personal Injury Claims – An Introduction

A settlement conference is a formal proceeding and is mandated by the court at a specific point in the litigation and the goal is to resolve a legal dispute in order to prevent a drain on public resources. Therefore, compelling both parties to sit down with a judge provides them with a final attempt at resolution in order to prevent them going into costly litigation. This process introduces a good faith environment where an authority can influence both parties to settle. What’s great about a settlement conference is the confidentiality of the process which means anything you say cannot be admissible at trial, creating an open an honest atmosphere that may help both parties settle within the shortest amount of time possible.

Here are some of the key attributes of a judge in a settlement conference:

1. Impartiality – They are neutral and will not take any side as they have no horse in the race, so to speak. Their only role here is to ensure that there is a fair and equitable resolution. They don’t have a financial stake in the claim, nor do they have an emotional connection to the plaintiff, helping ensure that they see the case with unbiased outlook
2. Authoritative Experience – The fact that they have presided over thousands of trials or hearings gives them a deep understanding of factors such as jury behavior, legal precedent and evidence types that may sway a jury. Therefore, they can provide both parties with an accurate assessment regarding the true value of the case as well as highlight any weaknesses in order to manage the expectations of a plaintiff so they do not proceed to trial and end up getting a much lower judgment
3. Control and Command – In a settlement conference, both parties may be held accountable if their positions are unreasonable or inflexible. For instance, if the insurance company lawyers refuse to offer you a fair amount, or if you the plaintiff present an unrealistic demand through your attorneys, the judge can help unpack the reasoning behind your stances by asking you to justify your position in order to dissolve a stalemate.

How McCready Law Best National Injury Attorneys Prepare for Settlement Conference

At McCready Law, we prepare for a settlement conference in a number of ways; we ensure that we craft a confidential and detailed settlement brief for the judge that outlines our strongest evidence, our legal arguments as well as provides him or her with a clear breakdown of the damages we’re seeking on your behalf. We also ensure to brief you on the potential outcomes, the role of the judge and the importance of being flexible with regard to an offer that may be realistic. We also ensure to present our case in an organized and compelling manner by lining up key evidence, witness testimonies and so on in order to build confidence in the judge so they are more likely to side with our reasoning based off our presentation.

Best Nationwide Injury Lawyers

We understand that the thought of having a judge preside over a settlement conference is daunting, and you may still have questions and concerns; because of this, we would like to ask that you give us a call NOW at (314) 481-63338 if you got injured and are seeking compensation but do not know the first steps to take. We serve clients nationwide, and our first consultation is 100% FREE and there’s no legal obligation nor a thing to sign. Thanks for choosing McCready Law, and we look forward to helping you.