Yes. In the majority of cases, a personal injury claim can be resolved without ever going to a courtroom for trial. However, if the insurance company refuses to offer a fair settlement, or deny your claim, it may be necessary to take your case to court. Only when a personal injury claim can’t be fairly resolved between you and the insurance company, it could be time to file a personal injury lawsuit.
The vast majority of Los Angeles personal injury cases are settled before trial by a mutual agreement between both parties. Every personal injury case is different. There are always unique circumstances surrounding the injury and different likelihoods that a victim might win their case. It’s ultimately up to the victim, whether you want to take the case to trial. It will depend on whether you are willing to make an attempt to settle your claim. Taking your case to trial will take a lot of time and expenses, meaning you should deliberate this decision with a personal injury attorney at our office. You should first think about the offer you have received from the other party that caused your injury. These offers are typically made through their insurance company. If their offer satisfies the amount your are seeking in your claim, including damages to cover all the medical expenses, it would probably be a wise decision to go ahead and settle the claim. When a settlement can be reached, its typically beneficial for both parties.
Additionally, settlements are a great opportunity to eliminate cost and delays and often result in a higher recovery. Only in cases where all attempts to settle the case fail, should you proceed with filing a personal injury lawsuit and litigate the matter in court. Litigating is the legal process of taking a personal injury case through the often complex civil court system. In simple terms, litigation is highly expensive and has to be considered as a major factor in our strategy on whether to settle your personal injury case. Another factor we consider is the cost to the opposing party, which is normally the insurance company for the the defendant. It’s the high cost of litigation that is the main reason insurance companies will want to settle the claim rather than challenging them in the civil court system.
Our Los Angles personal injury lawyers work on contingency fees. This means we will receive a percentage of whatever amount you recover. It also means we will receive nothing if we don’t win your case. Insurance companies don’t work on this type of a contingency fee agreement. They must pay their attorneys by the hour, meaning their legal fees will add up quickly. In deciding whether to take your case to trail, another important factor we must consider is the high cost of expert witnesses, including medical professionals and accident reconstruction experts. Most of these expert witnesses charge thousands of dollars on just one personal injury case. Finally, another very important factor is the amount of time it takes to resolve a personal injury case through the court process. If you decide to take your case to trial, it might take several years before an award is actually paid. As you can see, negotiating a settlement before trial has the major benefits.
We can’t make an accurate prediction if your case can be fairly settled prior to trial. There are times when no fair resolution can be reached in an injury claim without taking the matter to court. However, based on our experience, a settlement is the most likely outcome on your personal injury case.
If you have been injured due to the negligence of another party, the first step is to contact our Los Angeles personal injury law firm to review the details and discuss potential options. All consultations are free of charge.