Contrary to popular belief, not every legal case is handled in court. While some cases require a trial, most don’t. There are many aspects of the litigation process, and a courtroom hearing is just one of them.
But the big question is, do personal injury attorneys go to court? The answer is it depends. Certain injury cases, especially catastrophic or high-profile ones, may end up in court, while the majority are often settled without a hearing or trial.
This doesn’t mean personal injury lawyers only practice out of court; rather, certain factors may determine if your case will be taken to trial. And no matter the complexity of your case or circumstances surrounding it, you should be ready for either option — which is why it pays to have an attorney experienced in both settlements and trials.
Personal injury cases vary, and the litigation process depends on the circumstances surrounding a particular case. The case can be settled by mutual agreement between you and the negligent party’s insurance provider, or it could end up before a judge. Below are possible legal outcomes when filing a legal claim.
If you sustained a personal injury from a car accident, your claim should be directed to the responsible party’s insurance provider. Your lawyer will assess the extent of your damages and how much you deserve in compensation. Before that, they’ll investigate the accident and determine liability before taking it up with the insurance adjuster. The insurer will make an offer if the policyholder’s liability is confirmed.
Settlement offers presented during the earliest stages of negotiation are typically low, and your lawyer must be able to negotiate for a fair, if not higher, settlement. The justification should be the severity of your losses.
If the insurance company reconsiders and presents a better offer, you should confirm your acceptance by signing an agreement that bars you from taking further legal action, thus sealing the deal. Once the deal is signed, you cannot file a lawsuit or take your case to trial.
If you and your attorney are convinced the insurance settlement is unreasonable or insufficient to compensate for your losses, you could file a personal injury lawsuit in civil court. This doesn’t automatically imply the case will end up in court. The insurance company may reconsider its stance and continue with further negotiation until you reach a satisfactory settlement.
It’s important to remember that a lawsuit can be expensive, and no insurance company would be willing to cover the costs if they knew they’d lose the case. They’ll most probably agree to your terms and offer a better settlement during the litigation process than spend more money on a trial. Either way, an experienced attorney is your best bet at winning during the litigation process.
Your personal injury attorney could take your case to court eventually. This happens when further negotiations with the insurance company fail, and a judge will have to intervene.
The losses you could suffer from a personal injury case could be extensive. You deserve compensation for your medical bills, pain and suffering, and other economic and noneconomic damages. If the insurance isn’t willing to pay up despite strong evidence, going to trial is your next best course of action. When it gets to that point, ensure your attorney has recent and considerable experience to handle your case efficiently.
Ultimately, the decision to go to trial or not will be yours to make. Your attorney will evaluate the insurance company’s offer and advise you accordingly. You don’t have to follow their advice if you believe the offer is less than what you deserve. After further consultation with your attorney, you could push for a higher settlement or seek a court hearing.
At Dyer, Garofalo, Mann & Schultz law firm, our job is to protect your interests no matter the circumstances. We have the necessary skills, experience, and techniques to get you reasonable compensation, whether it’s through a settlement or litigation. Contact us for a free consultation, and let’s review your case.
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Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Doug Mann who has more than 20 years of legal experience as a practicing personal injury attorney.
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