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Will I Have to Go to Court If I File a Personal Injury Claim?

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.

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    “Mr. Glotzer represented me after I was involved in a car accident. I was badly injured,but the insurance company refused to offer me a reasonable settlement. I decided to find an attorney and decided to hire Josh.

    His law firm did a great job on my case. They were very responsive to all my questions and obtained a great resolution for me. I received way more money than was originally offered. I would recommend their firm to friends and family.”

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    “Mr. Josh Glotzer is a great attorney. Over the last 15 years he has helped me on a number of cases with professionalism, and more importantly a positive outcome in my favor. I have referred him to a number of friends and colleagues, all of which have been equally as happy with his legal representation. I trust him and confident in legal ability. I highly recommend his law firm.”

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    “Don’t try to deal with insurance companies on your own. They strung me along for almost two years before I gave the case to Glotzer & Leib. Josh and his team quickly obtained a settlement that netted me many times what the insurance company was offering. Thank You!”

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    “My wife was in a car accident last year and Josh did an amazing job representing her. It’s very refreshing to see someone in his profession that actually cares and puts his clients first. He’s the best in the business and I feel so fortunate that I was referred to him. Keep up the great work and thanks for everything you did for my family!”

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    “I was in a rear end car accident last year and hired Mr. Glotzer’s office. It wasn’t a big case but their office helped me with my property damage claim and did a good job resolving the injury portion of the case as well.”

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