How successful are settlement meetings?

DylanII

I was in a bad car accident a couple of years ago. I was pretty badly injured (with the injuries continuing).

I went to the PIAB who refused to assess my claim due to the complexity of the injuries. A few months ago my solicitor filed for court, and now today I received a call from my solicitor saying the other side are asking to arrange a settlement meeting for next Thursday.

Assuming that I am willing to accept a reasonable offer, how successful do these meetings tend to be? Is it likely to be done with by Thursday or will it drag on longer? Generally speaking of course.

MarkAnthony

It would largely depend on your definition of success.

DylanII

MarkAnthony wrote: »

It would largely depend on your definition of success.

As in that some kind of settlement is made.

MarkAnthony

DylanII wrote: »

As in that some kind of settlement is made.

The vast majority of civil litigation is settled I believe. Might even get to the point of getting all the way to the barristers hashing it out in the court room before the case begins in earnest.

People with more that my zero practical experience may correct me, of course. Obviously be guided by your legal advisor in relation to whether the settlement is a good one. I imagine settlements where the plaintiff is willing to accept some 'magic' beans and a pat on the head have a near 100% 'success' rate.

MarkAnthony

Please don't mistake my flippancy for a lack of empathy. It's just your question is entirely subjective.

nuac

Settlement meetings are always worthwhile. but it may take more than one meeting.

Mkae sure your solicitor has the complete list of your medical and associated expenses so that at least these can be agreed to date even if overall damages cannot be agreed.

Remember even a bad settlement is better than a long law case, unless of course you like being the plaintiff in a long law case. imho few do

Good luck.

Pat Mustard

DylanII wrote: »

As in that some kind of settlement is made.

You are asking if this will settle. A case can settle if a settlement offer is made and accepted.

There is no way of telling exactly how that will play out.

Call me Al

I read in recent weeks, here in this forum, one poster's very detailed experience of the personal injuries settlement process following an accident.

It could be worth your while having a scroll through to have a read. It was very enlightening.

DylanII

Thanks guys, I was just wondering if these things generally do lead to a settlement or if they tend to be dragged out. I know nothing can be said for me personally.

_Brian

I had a settlement meeting recently.
Barrister advised me not to settle so we walked away.
He told me in advance that about two thirds settle in the first meeting.

I absolutely hate having it hanging over me and I'd like to get it sorted and move on. My accident was in 2009 !!

I was out if work for 18 months and then had to leave my job and change career as a result if the injuries.

Lastly something that really annoys me is the vast majority of people who wouldn't know me well enough to understand my injuries give the Irish nod and wink and say it's insurance so your as well take as much as you can get since it's easy money

conorh91

DylanII wrote: »

Thanks guys, I was just wondering if these things generally do lead to a settlement or if they tend to be dragged out. I know nothing can be said for me personally.

Most PI cases or settled or do otherwise not get to a full hearing. There are stages along the way in which settlement becomes more likely, but once a case is set-down and a lodgment is made, it's a watershed moment.

I assume from your post that you and the Defendants are still exchanging love letters i.e. pleading.

Even at this (it might seem) late stage, most parties will ultimately settle.

Nobody can possibly offer you specific advice bar your legal advisers, even if we wanted to.

Uno my Uno.

If liability is not at issues Insurance companies like to settle as going to court is rarely cost effective for them in those situations. It wouldn't be unusual for there to be more than one settlement meeting and many judges will insist that there is a settlement meeting before allowing a trial.

When it comes to Settlement you and your legal advisers should have a three figures clear in your head, the amount of a likely award in court, the minimum you would be prepared to settle for and the likely legal costs.

With those figures in mind you can see how any potential offer stacks up and decide how to proceed.

hullaballoo

Your legal advisers should will recommend or refuse to recommend a settlement based on their professional opinion of the case and all of its attendant circumstances. Their expertise along with their intimate knowledge of your case are what will inform their opinion. As such, no one other than those people can advise you in the least as to what would constitute a good settlement.

It's also generally noteworthy for anyone reading (as in, this isn't directed at the OP specifically) that a major influencing factor is your own attitude. On the one hand, there are those whose expectations are unmanageable, usually those who only hear the reports of cases settling for millions. These cases are difficult to settle obviously because you're never going to be awarded millions in most PIs. At the other end are those who would settle for peanuts just to be shot of the thing. These cases are easier to settle but the lawyers have to be careful that it's sufficiently compensatory on the basis of what they know.

kennM

Call me Al wrote: »

I read in recent weeks, here in this forum, one poster's very detailed experience of the personal injuries settlement process following an accident.

It could be worth your while having a scroll through to have a read. It was very enlightening.

Thanks Al... presume that was my war story from the front line (http://www.boards.ie/vbulletin/showthread.php?p=93328566). I thought long and hard about writing it. 4 years in the making, still not quite finished..... legal fees just wrapping up now.... 5 years later. Really am humbled by the amount of thanks/mentions it has gotten. If it helps one person out then I'm happy.

Pop in every now and then to see if I can help someone else out. A lot of people's chats helped me, time to pop a bit of karma back into the pool

Call me Al

Yes that's the one!. It was very informative but I just couldn't remember the thread title. It was extremely interesting.

kennM

More importantly.... Dylan II ... how'd the meeting go? Naturally keep it high level, don't go into details if everything is still in flight.

DylanII

kennM wrote: »

More importantly.... Dylan II ... how'd the meeting go? Naturally keep it high level, don't go into details if everything is still in flight.

I accepted an offer. However, it's something I regret! I took an offer of approx €20k but I feel like I was pressured into it by my solicitor who just wanted to take his 7% and be done with it.

hullaballoo

hullaballoo wrote: »

Your legal advisers should will recommend or refuse to recommend a settlement based on their professional opinion of the case and all of its attendant circumstances. Their expertise along with their intimate knowledge of your case are what will inform their opinion. As such, no one other than those people can advise you in the least as to what would constitute a good settlement.

It's also generally noteworthy for anyone reading (as in, this isn't directed at the OP specifically) that a major influencing factor is your own attitude. On the one hand, there are those whose expectations are unmanageable, usually those who only hear the reports of cases settling for millions. These cases are difficult to settle obviously because you're never going to be awarded millions in most PIs. At the other end are those who would settle for peanuts just to be shot of the thing. These cases are easier to settle but the lawyers have to be careful that it's sufficiently compensatory on the basis of what they know.

.

Uno my Uno.

DylanII wrote: »

I accepted an offer. However, it's something I regret! I took an offer of approx €20k but I feel like I was pressured into it by my solicitor who just wanted to take his 7% and be done with it.

Why was your Solicitor taking a percentage?

Pat Mustard

Uno my Uno. wrote: »

Why was your Solicitor taking a percentage?

He couldn't have taken a percentage. That would be champerty, which is not allowed.

Uno my Uno.

Pat Mustard wrote: »

He couldn't have taken a percentage. That would be champerty, which is not allowed.

Which is what I thought but the OPs post seems to indicate its what happened.

Pat Mustard

Uno my Uno. wrote: »

Which is what I thought but the OPs post seems to indicate its what happened.

That post describes a fee of 7%. 7% of 20k is €1400. Circuit Court party and party costs would be several times that figure, not to mind VAT, outlays and Counsel's fees.

Nobody could keep their doors open, doing PI work in court for €1400 a pop.

I understand what was written in the post. It just doesn't make sense.