Do All Personal Injury Claims Have to Go to Court?

Accidents can happen anywhere, including roadways, workplaces, and on public or personal property. A fall or car crash can cause severe injuries that lead to mounting medical bills and lost wages.

You may be entitled to compensation when you are injured in an incident caused by someone else’s actions. However, people often wonder if all personal injury claims have to go to court.

Read on to learn more, or contact McCready Law today. An experienced personal injury attorney could guide you through filing a claim and take steps to settle the case out of court.

How Many Personal Injury Cases Go to Trial?

According to the U.S. Department of Justice Bureau of Justice Statistics, only 4% to 5% of personal injury cases go to trial in the U.S. That means 95% of cases are settled without a lengthy court trial.

Settlements allow defendants to avoid the costs and publicity related to a trial. They also offer important benefits for plaintiffs, including a guarantee of payment and often less waiting time than compensation awarded through trial.

How Can You Get Compensation Without Going to Trial?

When you have suffered a personal injury caused by someone else’s actions, your first step should be to seek advice from a personal injury attorney. The defendant’s insurance company may rush to offer a settlement before you fully understand the extent of the damages you face. Once your lawyer examines the evidence for your claim, there are a few ways the case can be settled out of court.

Negotiated Settlements

Your attorney may begin by contacting the defendant’s lawyer or insurance company to negotiate a settlement. Pertinent information, including the extent of your injuries, the cost of medical expenses, and wages lost while recovering, will be considered during the negotiation. If a fair settlement is reached, you can accept the agreed-upon amount and give up your right to pursue further legal action.

Mediation

If settlement negotiations fail to reach an agreeable sum, both parties may choose to meet with a neutral third party (mediator) to resolve the dispute. Mediation may include several meetings; some involve both parties, while others allow the parties to speak to the mediator alone. This is an informal discussion in which both parties attempt to reach an amicable solution.

In many cases, a settlement awarding sufficient compensation is reached through one of these methods. However, your lawyer may deem a court trial necessary to get you the compensation you deserve if a settlement cannot be reached.

Talk to an Attorney About Taking a Personal Injury Claim to Court

You deserve compensation if you have suffered a personal injury due to someone else’s actions. A seasoned lawyer could examine the details of your case and determine what legal actions are likely to achieve the best results.

The experienced attorneys at McCready Law work in all fields of personal injury. If you have questions about your potential claim, contact us today to schedule a free consultation.