When you are hurt, the process of recovering compensation for the injuries you sustained can be overwhelming. This can be compounded when you consider the fact that you may need to go to trial if you cannot settle. As such, understanding the factors that influence whether or not you must go to court is critical. The following blog explores these circumstances in greater detail so you can prepare yourself for all possibilities. Additionally, you’ll learn why it’s imperative to connect with a Wesley Chapel personal injury lawyer who can assist you through these complicated matters.
Should I Just Settle My Personal Injury Claim?
When you sustain injuries due to the negligent actions of another person, it’s important to understand what your legal options are. Typically, you’ll submit a claim to the insurance company through a demand letter. This will contain the amount of compensation you are seeking and the justification for the demand. The insurance company will respond with its own offer. The first offer from the insurance company will likely be extremely low, as they are hoping you will simply accept the lowball offer to save them money. You can continue to negotiate with the insurance company until you reach a settlement amount. A settlement is a formal resolution of a legal matter without having to go to court.
For the large majority of personal injury claims, these matters are handled outside of court. However, there may be instances in which your attorney believes going to trial is in your best interest. For example, if the insurance company refuses to adequately compensate you for the injuries inflicted by their policyholder despite having ample amounts of evidence, your attorney may advise you that proceeding to trial is in your best interest. Typically, attorneys will advise going to trial if they believe you have a good outcome.
What Is the Process if I Want to Go to Trial?
If you cannot reach a settlement with the insurance company and your attorney advises you that going to trial is in your best interest, it’s critical to understand how this process works. If you cannot settle, you will file a lawsuit against the other person. You will then enter the discovery phase, where you will share information and evidence with the other party to prepare for trial. Next, you will proceed to trial, where you will present your case in front of a jury. Once all evidence has been presented, the jury will issue a decision.
It’s important to note that during this process, you can continue to try to settle with the other party to avoid going to court, as a trial can be time-consuming and expensive.
As you can see, this is a complex matter that you should not embark on without the assistance of an experienced personal injury attorney from the Law Offices of Matthew J. Jowanna. Our dedicated legal team will do everything possible to help you recover the compensation you deserve. Contact us today to learn more.