Everything You Need to Know About Personal Injury Court
When you become injured in a car, construction, or other type of accident, court may be the last thing on your mind. Personal injuries can be difficult to overcome and very stressful to all involved. However, a lawsuit may be something you must consider if you have had medical bills as well as lost income stemming from your injuries. At Maggiano, DiGirolamo & Lizzi, we offer you the best service when it comes to your personal injury and ability to recover. Now you can find out more about the many options that you have.
What are the odds my case will make it to court?
It is true that not every personal injury case will actually make it to court. Many personal injury cases follow something known as Tort Law, which deals with situations where a person’s behavior has unfairly caused someone else to suffer loss or harm (typically through negligence, in almost all tort cases). The average number of Federal court tort cases is 512,000 – this is a pretty large number, but definitely does not account for every single injury case that comes into play. In fact, the percentage of tort cases that actually make it to trial is only 2%!
What are the advantages and disadvantages of going to trial?
Should I go to trial at all?
In many cases, you may find that court is your only option if you wish to receive the compensation you deserve. Perhaps a defendant has failed to offer you a reasonable settlement and you have decided that court is the way to go. There are many advantages to going to court. For example, you may find that you have full ability to receive every bit of the compensation you deserve and do not have to “settle”. You may also compel the defendant to pay compensation when they may not have been willing to negotiate. However, you may lose if you go to trial. This is why it is extremely important to have confidence in your case, good evidence, and an attorney that you can trust.
The fact is, many insurance companies hear the words “personal injury” and automatically assume that they will be spending a fortune on a client. Insurance companies are usually fearful of being sued, which is why they will lean toward trying to talk you into accepting a settlement to void your right to sue. Just remember – on top of monetary damages, you will sometimes be able to sue for things like pain and suffering. If these extra benefits are essential to your case and you feel like you deserve that compensation, trial may be the best option for you.
Yes, trial may be timely, expensive, and risky – however, it may be the only way for you to receive the compensation you believe is owed to you. Otherwise, you will end up settling and realize that you cannot turn back. Settlement is not always the best choice for every situation!
How We Handle and Prepare Your Case
At Maggiano, DiGirolamo & Lizzi, we have expertise. When you choose us to represent you in your personal injury case, you are choosing an entire team of lawyers to fight on your side for your rights! We want you to know that we are willing to work with you to help you prepare for your case. If finances are an issue, we want you to know that contingency fees are always an option. This means that we must win your case if we want to receive payment from you. We don’t bill by the hour because we are in this together.
We have available resources to help you every step of the way. Whether this is gathering information and evidence from insurance companies, witnesses, and more, we will be there for you. You have options and we want to help you find them.
What alternatives do I have to trial?
If you feel like a courtroom trial may not be right for you, you may find that something known as alternative dispute resolution (ADR) works best for you. This is composed of two conflict resolution processes known as mediation and arbitration. Mediation is a process where a neutral mediator helps you and the other party in your personal injury case work out your differences through a confidential and personal process. You will participate in discussions as well as negotiations involving your injury and work to resolve all conflict. If no agreement is reached, you can stop the process and continue in court.
Arbitration, on the other hand, is when a neutral arbitrator reviews presentations between you and the other party and makes a decision based on this. They may look into documents and witness testimony. You may give up your right to be able to solve the dispute in court. However, if the decision is non-binding, you may be able to take your case to trial.
These options may be best for you if you are interested in a process that saves you time and money, provides flexibility, and is confidential in nature.
No matter what process you choose to solve your dispute and gain the compensation you deserve, we will be on your side. At Maggiano, DiGirolamo & Lizzi, we work for you and offer you the most satisfaction. Personal injury cases can be complex and this is why it is in your best interest to have an attorney on your side that understands. Call us today for more information.