After a car accident or other personal injury, it’s common to settle your insurance claim and get paid quickly. Sometimes, your attorney may recommend more aggressive legal action by taking your personal injury case to trial. They can often secure a better settlement offer or jury award by showing the defendant they mean business.
An Atlanta personal injury lawyer from Fox Injury Law discusses what you need to know about how these cases are handled and when they may need to go to trial.
[H2] Don’t most personal injury lawsuits settle quickly out of court?
Because no one likes spending more time or money than they have to, most personal injury cases resolve during settlement negotiations with insurance companies or discussions with the other person’s attorney. According to the Law Dictionary, the most recent data shows that up to 95% of cases never see the inside of a courtroom, settling through mediation or other means.
Settling out of court can often happen within a matter of weeks rather than taking months or longer, which is common when cases go to trial. If the details of your case are clear-cut, your personal injury attorney may be able to reach a satisfactory settlement offer so you get compensation for damages. When the other side doesn’t meet your demands, it may be wise to go to trial.
How does the personal injury lawsuit process work?
If this is your first personal injury claim, your attorneys should explain what to expect. Although every case is slightly different, these are the general steps in the process:
- Your personal injury lawyers investigate to discover who is at fault and what happened.
- They gather evidence to establish negligence by the other side.
- They negotiate with the insurance companies to reach a fair settlement for you.
- Your attorney may recommend filing a lawsuit to ensure you don’t miss the Georgia statute of limitations deadline.
- If negotiations stall, your attorney may advise going to court for a better settlement offer.
- At the trial, your lawyer gives an opening statement and presents evidence to the judge or jury showing your side of the situation.
- The judge and jury rule on your case and decide the amount of compensation you should receive.
An experienced personal injury lawyer will continue negotiating for a settlement until the moment the case goes to the jury.
Why might your personal injury claim do better at trial?
Part of your attorney’s job is getting you the maximum compensation available in the shortest amount of time. This may happen through simply filing a claim, through mediation, or by taking the case to court. They will also assess how the modified comparative negligence statute may affect your case.
Your lawyers will adapt your strategy as they uncover evidence or documentation showing the full value of your case. If your doctors discover you suffered a traumatic brain injury and may not recover full cognitive function, you could be unable to return to your job. Going to trial to secure payment for your lost wages, full medical care, and other damages may be your best choice.
Trial may also be the right option if there are substantial disagreements between the parties about what happened, who is to blame, or how much your damages are. Many insurance companies are reluctant to pay what you ask, and pressuring them with a lawsuit can encourage them to make better settlement offers.
Need help with a personal injury case?
At Fox Injury Law, we offer a free consultation so you can ask questions about whether you need to file a personal injury lawsuit. Our team is skilled in cases involving car crashes, truck accidents, slip-and-fall injuries, and other claims against negligent parties.
Get started when you contact us online or call (404) 777-7778 and arrange your complimentary case review with an Atlanta personal injury lawyer today.
