Pre-trial settlements are the norm when it comes to personal injury cases. This is because settling has several immediate benefits. Plaintiffs have the option of going to trial and having a jury award significantly more damages than a defendant or their insurance company would be willing to settle for. Even though there is no assurance of this, the best technique for maximizing compensation relies on various elements that are unique to your situation.
The type of your case and the amount of money claimed in a settlement are the most important factors in deciding whether or not to go to trial. We’ll take a closer look at both options in the next section.
Personal Injury Settlement
A settlement is the official conclusion of a matter before its appearance in court. At any point throughout the litigation process, settlements can be made, and many cases are resolved before filing a lawsuit. There is a regular procedure for resolving personal injury lawsuits even if no two situations are alike. As a first step, the Detroit personal injury attorney contacts the defendant, their legal counsel, or the defendant’s insurance company and issues a formal demand letter for payment. Medical bills and police records are included in the plaintiff’s demand letter, along with the amount of damages requested and the legal reason for the demand. Negotiations for a settlement begin between the two sides.
The main advantage is that they are quicker, less expensive, and less stressful compared to trials. You and your lawyer are also in charge of negotiating settlement terms and have the authority to accept or reject any proposals your insurer makes. You also have the option to haggle over any offers you get to obtain a more favorable one. The downside is that there is always the possibility that you might have gotten more money in court.
Personal Injury Trial
During a personal injury trial, the plaintiff and defendant present their evidence and explain their points of view before a jury or judge, who will then determine whether or not the defendant is liable for the plaintiff’s losses. The end objective is to discover who’s at fault. The length of a personal injury trial depends on various factors, including the quantity and quality of evidence presented, the number of witnesses called, and the amount of time the jury spends deliberating.
The advantage of a trial is that you may be able to get more money through a trial than the insurance company would ever give you. Compensation for emotional distress may also be included in the decision. Finally, winning a trial might give you a feeling of justice in the judicial system. However, trials might take a long time to complete, and there is no guarantee of success.
The verdict
Choosing whether to settle out of court or go to trial relies on the specifics of your injury lawsuit. Trust your personal injury attorney to advise you on the best course of action for your case.
