Every personal injury case is different. Depending on the details of your case, it might be in your best interest to settle instead of go to court. However, it is always best to refer to your attorney’s judgment. An attorney will know if your case has a viable chance in court, or if the settlement that’s been offered is best.
The vast majority of personal injury claims are settled outside of court. This is because insurers and defense attorneys know that juries are unpredictable, and the costs of litigation will make a settlement much higher. Therefore, they may opt to negotiate and find a favorable settlement for both sides before the trial date.
Settling before your court date is common. Before your trial date, your injury attorney and the opposing side will be in negotiations. There might be depositions and an exchange of evidence; then, the insurance company might propose a settlement. Negotiations typically go back and forth during this stage.
Even if your case has already started the trial phase, the other party may offer a settlement to stop the trial proceeding.
Sometimes, you must go to trial. When insurance companies refuse to settle, or they continually offer a small settlement amount, your personal injury lawyer may feel that a trial is in your best interest. If you have powerful evidence against the other party, that evidence can be used to convince the jury to award the settlement that you need.
After an injury, it is imperative that you speak with a personal injury attorney. An injury lawyer can help you explore your compensation options, but also determine an approximate amount of compensation that you might receive. Furthermore, an attorney represents you during these critical negotiations to ensure that you receive the compensation deserved.