Most personal injury claims get settled before they go to trial. In fact, your attorney is more than likely going to push for this route, because going to trial is a lot of effort and a lot of time that may not yield the results that you want. Most court cases, whether their civil or criminal or probate, reach an out-of-court resolution without ever being heard by a judge or jury. There are a few reasons why personal injury cases tend to be settled before trial.
Why Settle Out Of Court?
If you’ve been injured in an accident or by someone else’s recklessness or negligence, then you have probably already lost a lot of money between not being able to go to work and the medical attention you sought. So, you may be more willing to accept a settlement in order to pay your bills and get yourself out of debt, rather than go through a lengthy process where you may end up with nothing.
The risk of going to trial and losing is the main reason why most personal injury claims are settled out of court. You could potentially put yourself through days, weeks or months of rigorous questioning about your injury, humiliation or questions about the intimate details of your recovery, all in vain when you lose the case. Even the best lawyers in the country occasionally lose a case, and there’s no way to guarantee that you will win. The wisest decision, if you can agree on an amount with the insurance company, is to settle.
Insurance companies will want to settle personal injury suits to avoid the risk of going to trial and facing a verdict that requires them to pay even more in damages than they were initially then they want.
When Do Personal Injury Claims Go To Court?
Now that you understand the advantages of settling out of court, you might be wondering why a personal injury suit ends up going to trial. Typically they go to trial when there are disputes about the facts of the case, such as the insurance company not believing that the accident or injury was caused by the defendant, and therefore they are not financially responsible for compensation.
Your attorney may advise going to trial if you cannot reach a settlement agreement with the insurance company. This is why it’s so important to hire an experienced attorney who has seen various examples of court cases similar to yours, and has a realistic understanding of your chances of winning.
What Can A Personal Injury Attorney Do?
Even the most successful personal injury attorneys cannot predict or say exactly how much a person should settle for in their personal injury case. Your attorney will come up with a range of potential settlements based on calculating your expenses. If you and the insurance company can agree on a settlement amount, then you can get the money faster, which means that you can get out of debt faster.
However, if the initial settlement offer is not enough, your attorney will be able to negotiate for you in an attempt to resolve the case. They will continue to work hard for you and minimize the stress and frustration the overall process can cause you. Click to learn more information about personal injury law and how an attorney can help you.
