Settlement vs. Trial in a Personal Injury Claim
Posted on Friday, November 15th, 2019 at 3:14 pm
When you have been injured due to someone else’s negligence, you want to get compensated for your injuries and expenses as quickly as possible. While some claims are settled quickly, some are not. That is when you have to work with your attorney to decide if you want to pursue the matter in court or accept the offer that the insurance has made. Once the decision is made, you cannot change your mind, so it is important to make such a decision with the help of an experienced attorney. Here are a few frequently asked questions we get when it comes to personal injury claims and settlements vs. trial:
How Long Will it Take to Go to Trial?
Time is a big consideration for many people. Lawsuits can be emotionally draining and time consuming. After you file a lawsuit you give up some of the control in your case. You will be at the mercy of court timelines and deadlines. This means your case may be pushed out further than you had hoped and there is very little you can do to speed up the process.
Is Your Case Complicated?
While all cases are unique and have their own circumstances, there are certain unusual or special circumstances that may raise legal questions that the court has never addressed. Although your case may be unique, it may make it even harder to settle your case quickly.
How Much Will it Cost?
Although attorneys typically handle personal injury claims on a contingency fee basis, there may be certain expenses you may have to pay for. A contingency fee means that you do not pay fees unless your attorney wins your case and then they will get a percentage of the amount that you are awarded. Some cases require the assistance of expert witnesses to prove, and these costs can be expensive, taking away from your final settlement. The bottom line is that some cases take a lot to prove and this can reduce your final compensation significantly in certain situations.
Is the Insurance Low-Balling My Claim?
Unfortunately, it is not uncommon for an insurance company to offer an injured person a low-ball offer. If this happens and they refuse to increase their offer, you may have no choice but to file a claim in court if you want to receive fair compensation. Filing a lawsuit can give the insurance company incentive to offer you a fair settlement.
What if I Lose?
When trying to decide whether you should file a claim, you need to take into consideration that you could lose your claim. Once people get invested in a claim, they become reluctant to settle later on. When it comes to litigation, however, there are no guarantees. This means you may not be successful. If this gives you a lot of anxiety, you may want to consider settling your claim before you go to trial.
Contact an Experienced Georgia Personal Injury Attorney Today
If you have been injured due to the negligence of another person, contact the attorneys at Jonathan R. Brockman, P.C. We will work to get you the compensation that you are entitled to and help you understand your legal options for recovery.