Will I Need to Go to Court for My Personal Injury Claim?
A question we often hear from injury victims is “will I need to go to court for my personal injury claim?” A common fear people have is that by hiring an attorney, they will automatically end up in court. In truth, most cases settle out of court. We can often reach a settlement agreement with the other party prior to ever stepping foot in a courtroom.
Your personal injury attorney will work to prevent the need for a trial by both preparing extensively and building a strong case that demonstrates how likely you are to receive a court verdict in your favor. Doing so often provides adequate incentive to the other side to reach a settlement agreement.
Will Trial Be Necessary?
There are several factors that will determine if your case will need to go to court. The other party and their insurance company will do what they can to limit their own liability so that they can pay you as little as possible. If they believe that they can make the argument that you were responsible for the accident, they will try to do so even if that means going to court.
Likewise, if they can prove that you were partially at fault, it may decrease the amount of money that they pay for your settlement.
Increase Your Odds of a Pre-Trial Settlement
There are certain things that you can do to make it more likely that your case will settle outside of court. This starts with hiring a personal injury attorney right away.
In general, the at-fault party and their insurance will want to avoid court because if the jury sides with you, they may have to pay more than if they had settled through negotiations. This is partially due to the legal fees that they will have to pay.
We can demonstrate the likelihood of you receiving a financial award in court by identifying and interviewing witnesses, gathering evidence, and building a strong case for why you deserve financial compensation.
We will prepare a demand letter that states our claim and request for compensation. Upon reviewing, the other party can decide to settle, negotiate, or go to court. If you accept their terms, you will receive compensation without going to trial.
If they won’t make a serious offer that factors in all of your damages and losses, we will advise you accordingly. In this case, court will become your best option for receiving a full settlement, but the decision will ultimately be yours to make.