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Factors That Keep a Plaintiff Out of Personal Injury Court

When you are involved in a personal injury claim, you may find yourself in the midst of some serious questions. For instance, you may wonder if you should go to court or simply settle your claim, with the guidance of an experienced personal injury attorney on your side. If the defendant in your case (the one who caused you harm through negligence or another factor) is willing to extend a fair offer, the claim could be settled without getting the court involved. However, a lawsuit could be filed if negotiations do not lead to a deal.

Staying Out of Court 

The truth is, in many personal injury cases, you will never see the inside of a courtroom – this is true in almost 90% of cases. This means that they are settled before there is a chance to take them to trial. Here are some of the most common reasons why injury cases are settled during the settlement process:

Risk of Losing: With any court matter, there is always the chance of losing your case. If you reject settlement and take things to court and lose, you may walk away with nothing. This is a risk you may not want to take depending on the severity of your case and what it means to you. 

Litigation Costs: Litigation can be extremely expensive, considering the costs of court and attorney fees. Because trial can significantly increase these costs, this is something you must consider. 

Delayed Compensation: Sometimes, even though a settlement offer is low, you may get it more quickly, which is why you might choose settlement over going to court. 

Appeal Chances: Agreeing on a settlement offer means that you are getting involved in a binding contract that will close your case. However, if you have your day in court, you also have the chance for appeal to get a better reward.

Trial is sometimes necessary, which is why you should always be prepared for such. Trial is sometimes the best bet in cases where liability is extremely clear and the damages are well-documented, so you may be left with this option for compensation. However, if you have a chance at settlement, it may be the best route to go. Call us today for information on how we can help you with your personal injury case at Maggiano, DiGirolamo & Lizzi.

2017-11-13T18:09:12+00:00