Have you been injured in an accident due to someone else’s negligence? If so, you might be wondering whether you will have to endure the stress of a courtroom trial to resolve your personal injury case.
Most personal injury cases are settled out of court through negotiations with the at-fault party and their insurance company. However, whether or not your case goes to trial will depend on your case’s specific facts and circumstances.
Hiring a fast-acting personal injury lawyer can enable you to settle without going to court. However, this is also the easiest way to prepare yourself for trial in case the step becomes necessary to protect your rights after an accident and injury.
What Is a Settlement?
A settlement is a legally binding agreement between the parties involved in a personal injury claim to resolve the case without going to trial.
In a settlement, the injured party (plaintiff) agrees to accept a sum of money from the at-fault party (defendant) or that person’s insurance company. In return, the plaintiff agrees to release the defendant from further liability regarding the injury.
The settlement process begins with the filing of a claim, followed by an exchange of information and evidence between both parties. After each party has a clear understanding of the case, they enter into negotiations.
If an agreement is reached, the terms are documented in a settlement agreement. This includes the compensation amount, payment schedule, and other conditions. The agreement is then signed by both parties, and the case is considered to be resolved.
Out-of-Court Settlements Can Occur at Various Stages of a Personal Injury Case
It is estimated that up to 92 percent of civil cases reach settlements at some stage without going to trial. Out-of-court settlement agreements can happen at different points in a personal injury case.
An out-of-court settlement can occur:
- Before a lawsuit is filed: Negotiations often start after the plaintiff’s personal injury attorney submits a demand letter to the defendant or the defendant’s insurance company
- During litigation: Even after a lawsuit has been filed, settlements can be reached after discovery, depositions, or other pre-trial stages
- Right before trial: Many cases settle right before going to court since both parties wish to avoid the risk and cost of a trial
Advantages of Out-of-Court Settlements
Settlements tend to offer significant advantages, such as the following, which can make them appealing to many plaintiffs.
Fast resolution
One of the major benefits of settling is that it usually results in a faster resolution. Court cases can drag on for months or even years.
Going to court often takes much longer due to the need for extensive preparation. This includes the discovery process, depositions, witness testimony, and waiting for an available trial date. If the case is appealed, this can further delay the settlement process.
A faster resolution allows you to receive compensation sooner to cover your medical bills, lost wages, and other expenses.
Lower costs
Typically, settling a case out of the court system is more cost-effective.
This way, both parties can avoid the expenses associated with a trial, such as:
- Attorney fees
- Court fees
- Expert witness fees
- Other litigation costs
Since trials are expensive, you may find that a large percentage of your award will end up going toward legal fees and other trial-related expenses. If you lose the trial, you may also face the financial burden of the defense’s costs.
Greater control over the outcome
When settling, you have more control over the terms of the agreement. As the injured party, you can negotiate the amount that you need to cover your losses.
You may also be able to negotiate the structure of the payment, such as whether it is paid in a lump sum or structured over time. An out-of-court settlement allows for creative solutions that a court judgment may not.
When a case goes to trial, the decision is in the hands of a judge or jury. The outcome can be unpredictable. Even a seemingly strong case could result in a negative verdict for the injured party.
Privacy
Another significant benefit of an out-of-court settlement is the privacy and confidentiality they offer. Unlike court records, which are public records, settlements are generally confidential, meaning the terms are not disclosed to the public.
This can be important if you wish to avoid the publicity and emotional strain of a public trial. The lack of privacy can be uncomfortable, especially in cases involving personal or sensitive information.
A defendant, such as a corporation or insurance company, may want to settle a case fast without admitting fault. Doing so protects their public image.
When Should You Consider Going to Court Instead of Settling?
While most personal injury cases are resolved through settlement negotiations, there are situations where accepting a settlement may not be the best option. In some cases, taking legal action might be necessary to ensure you receive fair compensation.
Here are some scenarios where pursuing a personal injury lawsuit could be in your best interest.
The settlement offer is low
Insurance companies are businesses that want to pay out as little as possible to claimants. They will take fast action to look for any reason possible to minimize payouts.
The insurer may present a lowball settlement offer that doesn’t fully cover your medical bills, lost income, property damage, and other losses.
If negotiations are unsuccessful and the offer remains far below what you deserve, going to court allows you to pursue a higher amount through a judge or jury.
Your injuries are severe or long-term
The value of personal injury cases involving life-altering injuries is typically much higher than for a minor injury.
Severe injuries include:
- Paralysis
- Traumatic brain injuries
- Loss of a limb
- Burns
- Chronic pain
Has the at-fault party’s insurance company refused to offer a fair settlement to cover your medical care, rehabilitation, diminished earning capacity, and other damages? If so, a trial may be your best option for receiving full compensation.
The insurer is acting in bad faith
Insurance companies may intentionally delay claims, deny valid claims, or fail to investigate properly. This is known as acting in bad faith.
When this happens, acting fast to file a personal injury lawsuit may be your only option to hold the insurance company liable and pursue fair compensation.
You want to set a legal precedent
If your personal injury case involves a unique legal issue, such as a novel product liability claim or a widespread safety issue, taking the case to trial could have a broader impact.
The court’s decision may not only benefit you but also set a legal precedent that affects future cases and helps protect others from similar injuries.
Your case involves a government entity
Accidents involving government entities, such as a public bus or government property, are usually complex cases. Government entities often have different rules and a shorter time frame for filing a claim.
If negotiations with the government stall or your claim is denied, you may need to go to court.
Punitive damages could be awarded
It is important to keep in mind that punitive damages are rarely awarded in personal injury cases. However, in some situations, punitive damages are awarded to an accident victim to punish a wrongdoer for especially reckless or intentional behavior.
As an example, if you were severely injured in a car accident involving a drunk driver, the judge may award punitive damages in hopes of deterring others from driving under the influence.
How a Personal Injury Attorney Can Get Your Case Settled Fast
When you are pursuing compensation after being harmed in a personal injury accident, one of your main concerns might be, “How long will it take to settle my case?”
If your injuries have left you with medical bills and the inability to return to work, it is understandable that you need financial compensation – and fast. Our personal injury law firm prides itself on obtaining fast compensation for our clients.
Gather evidence quickly
When they take on your case, fast-working personal injury attorneys will immediately begin collecting evidence to strengthen your case, such as:
- Police reports
- Medical records
- Witness statements
- Testimony from expert witnesses
Acting quickly to gather evidence ensures that no critical information is lost and thus moves your case forward faster.
Handle settlement negotiations with insurers
Personal injury attorneys are skilled negotiators. They know the tactics insurance companies use to delay or undervalue claims.
Your attorney will be fast to push for a fair settlement amount and negotiate aggressively to keep the process moving. This can help you avoid the lengthy delays caused by low offers and stalling tactics.
Help you avoid mistakes that slow down your case
A common reason for delays is mistakes made by the injured party. This could include providing incomplete medical records for failing to follow up on necessary paperwork.
Your attorney will make sure that all documents are in order and that nothing is missed, which helps avoid unnecessary delays and get paid faster.
Advise when to settle and when to go to court
One of the biggest decisions you’ll face after your accident is whether to settle your personal injury claim or go to court.
An experienced attorney can help you to weigh your options. He or she can advise you on whether the settlement offer is fair based on the evidence or if you should pursue your claim in court to secure a higher payout.
The legal guidance of a knowledgeable attorney can save you time by preventing prolonged negotiations for an inadequate personal injury settlement.
We Can Settle Your Case Fast
If you or a loved one has sustained a personal injury and are deciding whether to settle your claim or go to court, the fast and friendly personal injury lawyers at Gould Injury Law are here to help.
Our knowledgeable team understands the complexities of personal injury cases. We are committed to providing personalized legal guidance to help you make the best decision for you and your family.
Gould Injury Law prides itself on being “The Fast Firm.” We take all cases on a contingency fee basis and can work aggressively to get you a fair settlement as quickly as possible.
If you are considering taking legal action following an accident caused by someone else’s negligence, contact our law firm today. Schedule a free case review by calling 888-WIN-FAST or completing the contact form.
