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Will My Case Go to Trial?
A common concern of accident victims is whether their case will go to trial.
While the vast majority of personal injury cases are settled without the necessity of litigation, the possibility of a case going to trial always exists. If a trial is necessary, it’s often for one of the following reasons:
The other party’s attorney, often assigned by their insurance company, believes that you and your lawyer have asked for more money than the claim is worth, or that they are willing to voluntarily pay.
Liability, that is, who is at fault, is either being denied by the insurance company or the insurance company believes that you and/or some other party bear some responsibility for your injuries. The insurance company does not believe you were injured, or that you were injured as badly as you claim.
Typically, the settlement process begins with your attorney gathering evidence and assessing your damages. Once you have completed treatment and your medical records and bills are obtained, an overall picture of the damages is formulated, and your attorney will begin negotiations with the insurance company. At this point, your attorney will send a demand letter to the insurance company with a claim of what they consider fair compensation for your injuries and losses that starts the negotiation process.
If a reasonable settlement offer is made, your attorney will discuss the offer with you to help you decide whether to accept the offer and enter into a settlement agreement. If a reasonable settlement offer isn’t made, and an agreement can’t be reached, the case will likely move toward the trial phase. Sometimes cases can still be settled prior to trial, often during mediation but there are no guarantees and your case may need to be tried.
Have you been injured due to someone else’s negligence and have questions about a potential personal injury claim? Don’t hesitate to contact us today!