A settlement is a pre- or mid-trial agreement reached between the parties involved in the lawsuit. While insurance companies or other entities may offer an initial settlement amount, the higher settlements are usually the result of negotiations. Having a lawyer represent you for these negotiations can greatly increase your payout, as we have the experience and knowledge to know a lowball offer when we see one. An attorney’s advocacy also reduces the amount of work, stress, and time that you have to spend on legal matters instead of healing, enjoying friends and family, and getting your life back to normal.
In comparison, a damages award is the result of a judge or jury trial. The same evidence that is discussed in negotiations is brought before the court, and your lawyer makes a case for why the amount of damages requested is fair. A damages award has the potential to be far larger than a settlement amount, because the court has more discretion in awarding what they think is fair regardless of whether the opposing side agrees.
In both instances, your attorney prepares evidence, does all the relevant research necessary to prove liability and cost, and facilitates witness and expert testimony as needed.