When a person gets injured due to another person’s negligence, there are different legal approaches to seeking compensation. The traditional way is filing a personal injury lawsuit against the party responsible. Many personal injury claims get settled out of court as the settlement process is highly effective. Out of court process can be shorter with the help of an experienced personal injury lawyer. Here is more information on how most personal injury cases get solved:
How a Settlement Can Benefit You
A settlement is a tool that your personal injury lawyer can use to help both sides make a compromise and walk away with a fair resolution. You may fail to get the maximum amount you desire, but you’ll end up with a better deal than if you’d given up or handled the case alone.
In some cases, a settlement can cater to your major expenses related to the accident, legal fees, and other intangible losses. The value of the settlement varies depending on the attorney’s negotiation skills and the evidence you present on the kinds of losses. Your settlement can cover the following:
- Vehicle repairs
- Lost wages
- Medical bills
- Financial impact on your dependents
- Mental anguish (pain and suffering)
Injured people often get higher compensation during pre-trial settlements than for cases that go to trial. Negotiating a settlement may be your best bet.
Why Most Personal Injury Cases Settle
Avoid Uncertainty
In litigating a claim, there are many inherent risks and uncertainties, both emotionally and financially. Jurys, trial judges, and appellate courts can be unpredictable. You may not be able to avoid compromising your personal injury case with an offhand comment or an unexpected piece of evidence discovered as the case progresses.
Assuming you win, you may have more expenses and time spent at work than expected. Your case can be perfect on paper, but you cannot guarantee that the jury or judge will agree with your attorney or the evidence presented. Some cases can take unexpected twists, some go to trial for longer than anticipated, and some get dragged out as both parties use strong tactics to pull each other down. If the case gets settled out of court, it can be easy to move on without a major investment of energy and time.
Saving Money
Litigation can be expensive as personal injury cases may require expert witnesses. The time spent testifying, preparing reports, and traveling can cost significant money. Some lawsuits may require several expert witnesses for one side, meaning more expenses. Personal injury cases can also be expensive as they take plenty of the attorney’s time. When a case goes to trial, the lawyer may spend many hours reviewing documents, preparing pleadings, and arguing motions.
Both sides can save money in legal fees by minimizing the effort and time spent conducting and preparing a trial. If the plaintiff loses in a trial, they may be responsible for the defendant’s attorney and litigation costs. If the plaintiff wins at trial, but the verdict isn’t higher than the settlement offer provided by the defendant, the plaintiff may end up paying the defendant’s court costs and legal fees. Settling helps the plaintiff avoid paying for these settlements.
When To Take Your Personal Injury Case to Trial
Many personal injury cases get settled out of court, but sometimes a trial can favor your best interest. An experienced attorney can help you explore your options before going to trial or settling. Here are some reasons to take your case to trial:
- The defendant has too little or no insurance coverage. They may be unable to pay for damages caused by their carelessness or negligence.
- Both parties have failed to agree on the settlement amount.
- The insurance company fails to provide a reasonable settlement.
- The defendant fails to admit liability.
- The plaintiff asks for punitive damages.
Find the Best Personal Injury Lawyer
Personal injury claims can be time-consuming and complicated when taking on powerful defendants and large insurance companies. But with the assistance of a personal injury lawyer, you can focus on recovering well. The attorney fights to get maximum financial compensation from the responsible party. A settlement agreement can benefit you, provided it’s handled correctly. Get help from a qualified attorney with savvy negotiation skills to get the best possible deal.
