A significant number of personal injury claims are settled before trial. This is often preferable for all parties involved, as it saves time, money and the uncertainty of a jury verdict. Here’s how the settlement process typically unfolds:
- Initial Negotiations: Your attorney presents evidence to the insurance company, including medical records, accident reports, witness statements and expert reports to justify the payment.
- Offer and Counteroffer: Insurance adjusters usually start with an initial offer. Your lawyer counters with a fair demand, and negotiations continue.
- Mediation: If negotiations stall, a neutral third party may facilitate discussions to help reach an agreement.
- Settlement: If both parties agree on compensation, the case is resolved without going to court.
It’s important to note that the negotiation and mediation process only works when both sides can be respectful and discuss figures that are respectable. If we believe that the offer from the insurance company does not meet the “respectful and respectable” criteria, we will not recommend mediation.
When Court Becomes Necessary
While settlement is common, some situations may require going to trial, such as:
- Disputed Liability: If the other party denies fault, a trial may be needed to prove responsibility.
- Unreasonable Offers: When insurance companies refuse to offer “respectful and respectable” compensation, litigation might be the only recourse.
- Severe Injuries: For cases involving long-term or permanent disabilities, a trial may be necessary to secure full compensation for future needs.
- Complex Cases: Some cases, due to their complexity or the number of parties involved, may require court intervention.
The Importance of Legal Representation
Whether your case settles or goes to trial, having an experienced personal injury attorney is crucial. They can:
- Evaluate the strength of your case
- Negotiate effectively with insurance companies
- Prepare thoroughly if litigation becomes necessary
- Advocate for your best interests throughout the process
Insurance companies and defense lawyers know which attorneys are willing to go to trial, which can impact settlement negotiations.
Making the Right Decision for Your Case
Every personal injury claim is unique, and the best course of action depends on the specific circumstances of your case. While many claims settle before trial, it’s important to be prepared for all possibilities. An experienced attorney, such as one from Casper & de Toledo, can guide you through the process, helping you make informed decisions about whether to settle or pursue your case in court.
Remember, the goal is to secure fair compensation for your injuries and losses, whether that’s achieved through settlement or trial. Don’t hesitate to seek legal advice to understand your options, protect your rights and ensure you have an attorney who knows how to “try a case” before a jury, if necessary.
