Suffering an injury because of someone else’s negligence can be a life-altering experience. In such cases, you have the right to seek compensation for your injuries and losses.
But, do you, like many others, fear that pursuing a personal injury claim automatically means going to court? In this article, we will delve into the procedures of personal injury claims to explore how often personal injury claims end up in court.
Understanding the Personal Injury Lawsuit Process
A personal injury claim typically begins with the injured party, alerting the opposing party of their claim by issuing a letter of demand to the party responsible for their injuries. The demand letter outlines the theory of liability, including how the responsible party’s negligence caused the accident and resulting injuries, as well as the damages sought.
Once the responsible party’s insurance company receives the letter, it conducts its own investigation and evaluation of the case before responding with a counteroffer. This starts a negotiation process between the injured party’s lawyer and the insurance company, intending to reach a reasonable settlement.
The vast majority of personal injury cases get resolved through out-of-court settlement negotiations and never make it to trial.
The Settlement Process: Negotiating a Fair Agreement
The settlement process is a crucial stage in personal injury claims. It involves ongoing negotiation between the plaintiff’s lawyers and the insurance company or defendant’s legal representatives. The plaintiff’s lawyers will present evidence supporting the extent of the plaintiff’s injuries and the financial compensation needed to cover medical expenses, lost wages, and other damages.
Through a series of communication channels, including emails, phone calls, and in-person meetings, both sides will strive to reach a settlement agreement that is fair and satisfactory to the injured party.
Benefits of Settling: Speed, Cost, and Control
One of the major advantages of settling a personal injury claim is the speed at which compensation can be obtained. Settlements are often reached within months, allowing the injured party to receive the necessary funds more quickly than if the case went to trial. Additionally, settling a claim is usually less costly than going to court, as it avoids the expenses associated with prolonged litigation.
Importantly, settling gives both parties more control over the outcome. Rather than leaving the decision in the hands of a judge or jury, settling allows for a negotiated agreement that both sides find acceptable.
Factors Affecting Settlement Amounts
Various factors influence the amount of a settlement in a personal injury claim. The severity of the injuries sustained by the plaintiff plays a significant role in determining the compensation sought. Long-term disabilities, future medical expenses, and loss of earning capacity are also considered when assessing the value of a claim.
Other factors, such as the defendant’s actions and the pain and suffering endured by the plaintiff, further impact the settlement amount. Jurisdiction and legal precedent can also play a role, as different regions may have different standards for compensating personal injury victims.
Factors Influencing the Decision to Settle or Go to Trial
While settling out of court is often the preferred option, sometimes proceeding to trial may be necessary. One common reason is when there is a dispute over liability, with the defendant denying responsibility for the plaintiff’s injuries. In such cases, a trial may be needed to determine fault and assign compensation.
Additionally, if the insurance company refuses to offer a fair settlement that adequately covers the plaintiff’s damages, taking the case to court may be the only way to secure a just outcome. Moreover, some individuals may choose to go to trial on principle, seeking to hold the negligent party accountable and send a message about their actions.
Getting Help with Your Personal Injury Case
Hiring a personal injury attorney could play an important role in maximizing the chances of a favorable outcome in your personal injury case. Although no attorney can guarantee positive results, an experienced personal injury attorney will have a deep understanding of personal injury law and will help you navigate the legal system to your advantage. They will know how to gather and present compelling evidence, negotiate with insurance companies, and fight for your rights in court if necessary.
The personal injury attorneys at Brock and Stout have helped clients get the compensation they deserve for over 25 years. Reach out to us today for a free evaluation of your personal injury claim to see if we may be able to help you get the compensation you deserve.