March 21, 2019 Category: Personal Injury
An unexpected accident can be expensive. Fortunately, you have the right to obtain compensation if someone else caused your injuries. Thanks to the popularity of legal dramas on TV, it’s widely believed that you’ll have to go to court if you file a personal injury lawsuit.
However, this isn’t necessarily true. It’s entirely possible to resolve your personal injury case without going to court. In fact, the vast majority of personal injury cases are resolved privately outside of the courtroom.
Most Personal Injury Cases Settle Before Trial
Statistics reveal that 95 percent of civil lawsuits, including personal injury cases, are resolved in pre-trial negotiations. In other words, 19 out of every 20 of personal injury lawsuits never go to trial.
Why are pre-trial settlements so popular? Trials can be time-consuming and expensive. Parties involved in a lawsuit will typically do everything possible to avoid litigating an injury case in court.
It’s also important to point out that not all personal injury cases involve a lawsuit. Insurance is typically the first source of compensation after an accident. As a result, most accident victims file an insurance claim for benefits before considering a lawsuit. Lawsuits are often reserved for situations where insurance companies refuse to negotiate, wrongfully deny claims, or can only offer to pay a fraction of a victim’s damages. Since many personal injury cases are resolved privately with insurance companies, there’s no need for victims to file a lawsuit.
Benefits of Settling Your Case Before Trial
Sometimes it’s necessary to file a personal injury lawsuit to recover the compensation you need after a car accident. There are many benefits to settling your case rather than taking it to court.
- You retain some degree of control over the outcome of your case.
- You’ll know for certain that you will recover some compensation.
- You’ll save money by avoiding costly litigation.
- You’ll get money in hand faster than if you wait for your case to go to court.
There are many factors to consider when deciding whether or not to accept a pre-trial settlement offer. Your attorney will help you understand the pros and cons of accepting a particular offer.
Accepting a Pre-Trial Settlement Offer Ends Your Case
Always remember that accepting a settlement will end your right to litigate your case. You’ll be required to sign a document that waives your right to litigate the issue in the future. As a result, you won’t be able to ask for additional money in the future if you realize that you accepted an offer that was far too low.
Never Take Going to Court Off the Table
You may have no desire or intention of going to court. Don’t let the defendant or their insurance company know that. Litigation is a powerful tool that can be used to leverage the best possible pre-trial settlement deals. If an insurance company knows that you aren’t afraid to try your case in front of a jury, they’ll be more inclined to extend an offer that changes your mind. If you let them know that you don’t want to go to court, you risk limiting the offers you receive.
Consider hiring a Los Angeles personal injury attorney who has extensive trial experience. Your choice of attorney can send a message to the defense and let them know that you are prepared to do whatever it takes to get the money you deserve. Contact the legal team at Glotzer & Leib, LLP to learn more.