If you are injured because of someone else’s negligence or reckless behavior, you deserve to be compensated for your losses. However, some people decide not to pursue compensation because they do not want to face the at-fault party in court, or go through everything involved in that. The truth is, only a small percentage of personal injury claims have to go to court. Most personal injury claims can be settled out of court with the help of an experienced injury attorney.

Reasons to Settle Outside of Court

Reaching a settlement outside of court is advantageous for a number of reasons. It typically takes less time than a formal trial, and it usually costs less. Trials can be lengthy, drawn-out matters, and even if the trial may result in a higher settlement than an out-of-court settlement, the injured person may not feel like it is worth it.

Going to court can be very stressful. An injured person may not want to add additional stress to the injury. Reaching a settlement agreement outside of court is less stressful because it feels more certain and does not require a formal trial in a courtroom with a judge and jury. Most of the work in a settlement is completed by the lawyer.

There is less public exposure in a settlement agreement. When privacy is preferred, reaching an agreement out of court is a much more attractive option.

Ways to Get Compensated Without Going to Court

In some personal injury cases, the defendant’s insurance company may quickly offer a settlement to the injured person following the injury. Although this may seem like a good thing at the time, it is wise to seek legal advice from an experienced personal injury lawyer. Quick settlements may be far undervalued, which means the injured person does not get all the compensation they deserve. A lawyer may decide it is best to pursue one of the following steps.

Negotiate the Settlement Agreement

A lawyer may be able to negotiate a settlement agreement with the defendant’s insurance company or lawyer to reach an agreeable amount. This negotiation could involve looking closer at the injured person’s medical expenses and calculating the wages lost since the injury occurred and wages that may be lost in the future because of the injury. Non-economic losses, such as pain and suffering and mental anguish, may also be considered during the negotiation. If the negotiations result in a fair settlement, the injured person can accept the settlement. There does not need to be any further legal action.

Resolve the Dispute Through Mediation

Even if the lawyer is unable to negotiate a fair settlement, that does not necessarily mean the case has to go to court. The next step could be mediation. To avoid going to court, both the injured party and the defendant choose a third party as a mediator. The mediator may attempt to resolve the dispute through a series of meetings with both parties, either together or separately. This type of mediation is less formal than a trial, and it can often result in a fair settlement.

Talk to an Attorney if You Are Concerned About Your Personal Injury Claim Going to Court

If you were injured because of someone else’s actions or negligence, you need a personal injury lawyer who can guide you through all the legal steps to pursue suitable compensation for your injury. Whether you want to reach an agreement out of court, or if your case is one of the rare situations that do go to trial, your lawyer will represent your best interests.

Contact McCready Law today to schedule a free consultation.