Contrary to popular belief, most personal injury claims are settled outside of the courtroom. While there is a chance your claim will go to trial, it is unlikely. In this article, we will take a closer look into the personal injury claim process as well as the negotiation process and the reasons why do a Personal Injury Case Go To Court?
Settling Outside of Court
Most commonly, a settlement is negotiated between both involved parties along with their attorneys. If the plaintiff has strong evidence that proves the defendant was at fault for the accident, the defendant will avoid trial. If they are aware they are at fault they will avoid going to trial to minimize the cost and time the settlement will take to complete. Settling outside of court is a matter of negotiation between both parties.
To finalize negotiation, both parties must agree to the compensation amount. First, the plaintiff’s lawyer will produce an outline of all of the losses incurred due to the accident. Included in the outline will be damages including medical bills, income, and more. Once the outline is complete, the defendant and their lawyer will review it. Commonly, the amount of compensation is never agreed upon immediately. The defendant will more than likely counter-offer the settlement amount. From here, both parties will negotiate until a settlement amount is agreed upon. The length of negotiation varies. Sometimes a negotiation can settle in a few days and sometimes it can take years.
If a negotiation cannot be agreed upon by both parties, the next step would be bringing the claim to trial.
Negatives of Personal Injury Case Going to Trial
If the case goes to trial, the judge will take into account the evidence and make the final decision on the compensation amount. Both parties commonly avoid going to trial due to the risk of the outcome. On one hand, a plaintiff may not receive the compensation they desire. On the other hand, the defendant may have to pay a very high compensation. If a plaintiff has been injured they usually rely on quick compensation to pay their bills and cost of living. If that is the case, going to trial is costly, lengthy, and risky. For the defendant, going to trial is also costly, lengthy, and risky. Due to the negatives for each party, a settlement is almost always settled outside of court.
Working With an Experienced Attorney
Working with a Tampa personal injury attorney to file a personal injury claim is highly recommended. Personal injury claim settlement amounts differ but working with an experienced lawyer will give you the best chance to receive a high compensation. If the case goes to trial, you will need a Tampa injury attorney to guide you through the process and help you earn maximum compensation.
Dan Zohar, a Tampa personal injury lawyer has over 30 years of experience dealing with personal injury cases. If you or someone you know has been involved in an accident, contact Dan Zohar of The Law Office of Dan Zohar PA today. Get a free consultation now on Personal Injury Case Go To Court by calling (800) 963-3311!