Practice Areas

Out-of-Court Settlement

A pre-litigation settlement is a procedure for reaching a settlement between the insurer and the party before entering formal legal proceedings. Because litigation carries a heavy burden in time and cost, a pre-litigation settlement may be considered.

1. Out-of-Court Settlement | Concept

Explanation of the concept of pre-litigation settlement by Daeryun Law Firm

A pre-litigation settlement refers to completing a settlement between the parties before litigation, without filing a lawsuit in court, on the basis of the insurer's anticipated judgment amount.

When a traffic accident occurs, going through the pre-litigation settlement procedure allows the matter to be concluded through a mutual settlement before resolving the dispute by litigation.

Because resolving a legal dispute through litigation requires considerable time and cost, following the pre-litigation settlement procedure where possible can be advantageous.

2. Out-of-Court Settlement | Advantages

Compared with criminal proceedings or civil litigation, a pre-litigation settlement is a practical method that saves time and cost and can resolve a dispute amicably.

In particular, where interested parties are complexly intertwined, as in a drunk driving accident, a pre-litigation settlement offers the following benefits to all parties.

Time Savings

It can save time. Civil litigation, reimbursement claims, and the like inevitably take a long time due to their procedures.

By contrast, a pre-litigation settlement can conclude a case promptly through the parties' voluntary agreement alone, reducing the consumption of several months or more.

Reducing Litigation Costs

When filing or responding to a lawsuit, various costs such as the following arise.

• Court filing stamp fees and service fees

• Additional costs for appraisal and the submission of appraisal reports, and the like

A pre-litigation settlement is an economical choice in that it reduces these costs and allows the matter to be resolved at a reasonable level through coordination with the other party.

Receiving the Settlement Sum

The settlement sum can be received or paid promptly.

To receive damages or a reimbursement claim through litigation, one must wait until the final judgment, and even after that, separate procedures such as compulsory execution may be necessary.

However, in the case of a pre-litigation settlement, monetary payment is often made immediately upon the parties' conclusion of the settlement agreement, allowing for a swift resolution.

3. Out-of-Court Settlement | Procedure

Pre-litigation settlement procedure of the Daeryun drunk driving traffic accident group

A pre-litigation settlement is not limited to a simple monetary negotiation; it is a procedure in which various factors such as medical records, permanent disability, and the proportion of liability are considered.

In particular, where an accident gives rise to multiple victims or interested parties, a pre-litigation settlement requires a systematic approach.

The following is the general procedure for proceeding with a pre-litigation settlement.

Entrustment of the case -> Calculation of damages and entrustment of the drafting of the complaint -> First round of settlement -> Second round of settlement -> Submission of the permanent disability medical certificate -> Third round of settlement -> Conclusion of the case through settlement or proceeding with litigation

Case Engagement

After an accident occurs, the response begins when the victim engages legal counsel to handle the case.

At this stage, the collection of basic materials such as accident records, insurance information, and treatment records proceeds in parallel.

Calculation of Damages and Preparation of the Complaint

The calculation of damages proceeds based on initial treatment costs, loss of income, and future treatment costs.

In preparation for cases where a settlement is not reached smoothly, litigation preparation (organizing the complaint and supporting evidence) is carried out at the same time.

First Settlement Round

The first proposal for damages is made based on the course of treatment and the basic loss data.

Negotiations regarding the amount and the scope of liability proceed with the other party (the insurer, the mutual aid association, and so on).

Second Settlement Round

If treatment is still ongoing, negotiations are attempted again, reflecting the updated medical information.

Some items may be agreed upon, while differences may remain on others.

Submission of the Medical Certificate of Permanent Impairment

At the conclusion of treatment, a diagnosis of permanent impairment is obtained to objectively assess the rate of loss of earning capacity and future losses.

This serves as an important basis for the final settlement or for calculating damages in litigation.

Third Settlement Round

A final settlement amount is proposed and adjusted, reflecting the medical certificate of permanent impairment and other materials.

If both parties agree on the amount at this stage, the case is concluded by settlement.

Case Conclusion

If a settlement is not reached, the matter proceeds to litigation.

If the other party offers an inadequate amount of damages or evades liability, a transition to civil litigation often becomes unavoidable.

In such a case, the formal trial process is undertaken based on the evidence collected at the outset and the assessment of permanent impairment.

Out-Of-Court Settlement with a Mutual Aid Association

An out-of-court settlement with a mutual aid association is often difficult to achieve in practice

Mutual aid associations for taxis, buses, freight trucks, rental cars, and the like generally take an uncooperative stance toward out-of-court settlements.

They often propose amounts that are excessively low compared to the actual loss, or display illogical and unethical conduct during the negotiation process.

In practice, it is generally the case that approximately 95% or more of mutual aid association cases proceed to litigation without an out-of-court settlement.

Accordingly, in accidents involving a mutual aid association, a strategy that anticipates the possibility of litigation from the early stage is needed.

4. Out-of-Court Settlement | Points to Note

Daeryun drunk-driving traffic accident group out-of-court settlement points to note

There are points to note when proceeding with an out-of-court settlement with an insurer.

When an insurer determines that the victim's treatment has been substantially completed, it often proposes a settlement in order to close the case quickly.

However, if you agree to a settlement carelessly at this stage, there is a risk that you may not receive adequate compensation.

Accordingly, you should carefully review the following points.

Confirming the Possibility of Permanent Impairment

If treatment has not been fully completed, or if there is concern about future aftereffects, it is advisable not to agree to a settlement right away and instead to observe the course of recovery further.

In particular, you should first hear the opinion of the attending physician regarding the presence and degree of any permanent impairment and the need for additional treatment, and then decide whether to settle.

Reviewing the Basis for Calculating the Settlement Amount

To confirm whether the settlement amount proposed by the insurer is appropriate, you should request the settlement calculation statement that forms its basis and review it carefully.

Insurers generally set amounts according to the payment standards under the automobile insurance policy terms, so the figures are often lower than the standards courts apply when calculating damages.

Accordingly, obtaining review and consultation from legal counsel before drawing up the settlement agreement can be very important in securing fair compensation.

5. Out-of-Court Settlement | Support with Strategy

An out-of-court settlement is not a procedure that ends with simple monetary compensation; rather, it is a complex matter involving various heads of loss such as the possibility of permanent impairment, future treatment costs, and lost earnings

In particular, because the settlement amount proposed by an insurer is calculated according to policy standards, it is likely to be lower than the actual loss, and settling hastily without objectively examining this may result in disadvantage.

Accordingly, it is advisable to decide carefully whether to enter into an out-of-court settlement with the assistance of an attorney who has substantial experience in the legal understanding of traffic accidents and in the calculation of damages.

Drawing on extensive experience in numerous traffic accident lawsuits and settlement representation, this firm closely analyzes the client's situation and then designs a strategic response, covering negotiations with the insurer as well as measures to help avoid disadvantage.

Above all, the more uncertain the judgment or the wider the gap with the insurer, the more the initial response shapes the direction of the case.

If you need a legal review of whether to enter into an out-of-court settlement, 🔗an attorney experienced in traffic accidents can help you, through consultation, work toward a clear solution.

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