Personal injury claims encompass a variety of accident types. Some are resolved fairly quickly, while others may be a bit more complicated and require an experienced attorney to intervene. Below is an overview of the process involved in the handling of a personal injury claim and when it may be necessary to go to court to obtain a fair settlement.
Types Of Claims
Accidents happen everyday, making personal injury claims necessary for those who are injured. In many instances, the legal process is the only way injured parties can recover much needed funds to help with expenses related to an accident. The most common types of personal injury claims are caused by:
- Car Accidents
- Motorcycle Accidents
- Bicycle Crashes
- Injured Pedestrians
- Wrongful Death Cases
Trial Vs. No Trial
In personal injury cases, lawyers seek to obtain the best possible settlement for their clients. Some cases may be best settled by reaching an agreement with the insurance company for the opposing party. If no equitable agreement can be reached, then a trial may be best.
Factors That Come Into Play
While personal injury cases can be complicated, there are certain factors that come into play that may determine if a case should be taken to court. Some of these factors include:
- It Can Be Expensive
Taking a claim to court is expensive. It requires time in court, court costs and additional attorney fees. When a case is taken to court, it is more expensive for the plaintiff and the defendant.
- It Takes Longer To Get Your Money
After an accident, injured parties are often strapped for money. Lost time from work, hospital bills, transportation costs and ongoing medical care all add up over time. Taking a case to trial will take longer than negotiating a settlement. It is often difficult for people who need the money to wait any longer than necessary.
- There Are No Guarantees
With any jury trial, there is no guaranteed outcome. There are many factors that can influence a jury’s decision regarding the amount a plaintiff deserves after being injured in an accident. If no settlement is awarded, the plaintiff may still owe court costs and attorney fees. It may not go as well for insurance companies in a trial, as well. Defendants who lose may end up paying far more than they would have if the case had been settled out of court.
What Are The Statistics?
When it comes to civil cases such as personal injury claims, the majority do not go to court. Recent statistic have shown that approximately 85 to 90 percent of all personal injury cases are settle out of court.
How Can A Lawyer Help?
Hiring a lawyer to represent you in a personal injury case can reduce your likelihood of going to trial to receive compensation. An experienced attorney can:
- Hire Investigators To Gather Facts
- Review Police Reports
- Gather Witnesses
- Find Medical Experts To Support Your Case
- Negotiate With The Insurance Company
- Calculate Future Lost Wages If You Are Disabled
- Prepare You For Trial
- Represent You In Court
Personal injury lawyers have experience negotiating with insurance companies to help you obtain the best possible settlement, hopefully without going to court. Having an attorney on your side will increase your odds of receiving a fair settlement.
If you have been injured due to someone else’s negligence in an accident, contact a personal injury attorney for help. During a consultation, your attorney will examine your case and help you decide the best way to move forward. Taking this step may lessen the confusion and stress often associated with these types of injuries, allowing you to focus on your recovery and move forward.