Should I Settle or Go to Trial for a Personal Injury Claim?

If you have suffered an injury due to someone else’s negligence, you might feel pressed to settle as quickly as possible due to medical bills and other expenses piling up. It is important to file your claim as quickly as possible to recover the compensation you are owed. However, accepting an offered settlement right away might not always be the best decision.

It is important to discuss your case with an Atlanta personal injury lawyer to make sure that you are getting the maximum settlement possible. If the at-fault party is trying to settle for less than you are owed, it might be time to go to trial for your personal injury claim. At John Foy & Associates, we will make sure that you receive total and fair compensation for your injuries and fight for your best interests in or out of the courtroom.

Resolving Your Personal Injury Case without Going to Trial

Most personal injury cases are settled outside of the courtroom. Going to court is expensive and when provided with a strong demand letter with solid evidence for your claims, insurance companies typically will try to negotiate to avoid going to trial. However, it is important to know what to consider before accepting a settlement offer. 

Insurance companies are only looking out for their best interests and will always try to settle for far less than what you deserve. You need to make sure that any settlement you accept will adequately cover your losses, including any potential future medical bills and other important costs that are calculated in personal injury damages. This is when it is important to have a strong legal defense team that will be able to help you calculate all potential losses, negotiate strongly for your best interests, and apply pressure to get insurance to settle.

Settlements are significantly faster than going to trial for your personal injury case. Trials can take twice as long, so it is important to know when going to trial is your best decision. When you choose to settle, you retain control instead of handing off the final decision to the court.

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When Going to Trial for Your Personal Injury Claim May Be Necessary

If the at-fault party’s insurance company is not willing to negotiate or their offered settlement is too low to adequately compensate you for your injuries, it may be time to consider filing a personal injury lawsuit. Unlike insurance claims, you will not be limited to the amount you are able to recover. Instead, civil lawsuits allow you to be repaid for monetary and non-monetary losses such as pain and suffering. Some reasons that personal injury cases go to court include:

• The at-fault party’s insurance company does not want to set a precedent for settling similar cases.
• The amount requested in the settlement is considered too high.
• The at-fault party and/or their legal representation thinks they can win the case.
• If you believe that the at-fault party should be held accountable more than what a simple settlement will allow.

If your case does end up going to court, you may be eligible to receive a larger settlement based on things like pain and suffering, which insurance companies cap at a certain amount. Trials can be expensive, but working with a personal injury lawyer from Atlanta who charges based on a contingency fee will help. No matter what, the sooner a case is settled, the less costs will be incurred by all parties involved.

What to Expect if Your Case Goes to Trial

If your personal injury case goes to trial, the first main step will be opening statements from both the plaintiff’s and the defendant’s legal representatives, outlining their case and evidence. The plaintiff will then have the floor to present testimonies as well as physical evidence. The defense may cross-examine any witnesses and then can present their own case, which can be cross-examined by the plaintiff’s lawyer.

Both sides will then make closing arguments, where they summarize their evidence and case. The jury will then meet and discuss the case, with the goal of reaching a verdict as well as any possible damages. The verdict will be announced, and the judge will issue a ruling based on it.

Trials can be long, arduous processes and bring up a lot of stressful emotions for the plaintiff, having to relive one of the worst memories of their lives. If you need to take your case to trial, be prepared by hiring a compassionate and understanding personal injury attorney to work with you. Finding an experienced and trustworthy lawyer is a vital part of any case going to court.

Costs of Hiring an Atlanta Personal Injury Lawyer

As a personal injury lawyer, our goal is to reclaim as much money for our clients as quickly as we can. Your focus should be on recovery and not fighting with insurance or worrying about medical bills. Our services will not cost a thing until your case is officially won.

There are zero upfront costs to hiring our team to work on your case. From the first case consultation to the settlement, there is no out-of-pocket expense to you. We take our fee as a percentage of the settlement, which means you will not pay a thing until we settle your claim.

We don’t take cases we think we won’t win and let our results speak for themselves. Over the past 25 years, we have gained a reputation for an outstanding success rate and recovered over 1 billion dollars for our clients. Contact us today for a free, no-obligation consultation, and let’s talk about what your case is worth.

We Can Help Resolve Your Personal Injury Claim

Do not settle before speaking with a personal injury attorney. There is no cost or obligation in receiving a consultation but settling before obtaining legal advice on your case could cost you thousands. When you settle, you are claiming only what has been offered to you, typically insurance’s least amount they are willing to part with, and you surrender any rights to any further negotiations or repayments.

If you are questioning whether or not to settle your personal injury claim or take it to trial, you need to get help from Atlanta’s personal injury lawyer. Get the Strong Arm; contact the offices of John Foy & Associates for expert legal advice and get your questions answered. Contact us for a free, confidential case evaluation today.