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Personal Injury Blog

Will Your Personal Injury Claim Go to Trial?

Posted February 07, 2021 in Personal Injury Blog, Uncategorized

In most personal injury cases, the case does not go to trial. If you’re considering filing a personal injury claim, you may want to hire a lawyer either way. A personal injury lawyer, like from Davis & Brusca, can help you through all stages of the case. Here is what you need to know about when cases settle and when they don’t.

When Cases Settle

Cases tend to settle when the two parties can agree on a settlement. If the defendant’s insurance company is sure that your personal injury lawsuit will succeed if taken to trial, then the company may try to settle as soon as possible. They do not want to waste money on legal fees if they think that they will lose.

If you are asking for a small amount of money, the insurance company may decide to settle because it costs more to fight a lawsuit than it does to pay a settlement. If you have an attorney, he or she can help you negotiate with insurers to settle before you go to court.

When Cases Won’t Settle

Whenever you file a personal injury claim, there is a chance that you will have to go to trial. An attorney can do his or her best to avoid a trial. If you are in negotiations with an insurance company, there is a chance that the company will not agree to the settlement that you deserve. Insurers want to save money wherever they can. If the company believes that they can get away with paying you less than you deserve, you may have to take the case to court. Sometimes, an insurance company will not want to settle your type of personal injury at all, as to avoid setting precedence.

In other cases, your attorney may suggest that you go to trial as a matter of principle. In cases of gross negligence, you may want to hold the other party accountable. Making the case public brings attention to it and it can also lead to punitive damages in some jurisdictions. When a company is guilty of gross negligence, you may want to consider a trial.

No matter if you settle out of court or go to trial, an attorney can be beneficial to your case. He or she can aid you in filing the proper paperwork and can suggest how to negotiate with insurance companies. Lawyers know necessary to determine how much of a settlement you deserve. To find out how a personal injury lawyer can help you, set up a consultation soon.

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