A few years ago, I was in a pretty serious car accident. During the aftermath, I became really familiar with a lot of different types of lawyers. I worked with personal injury lawyers, insurance lawyers, and many others. Perhaps the most important, though, was the estate planning lawyer. I was really young, and neither my wife or I had thought about starting a will. But the accident kind of scared us into it. What would happen if one of us were to die? Even when still in the hospital, I was working with the lawyer to draw up a will. Now, I have some peace and security about what the future will be like if something should happen to me. And I have a lot of experience working with various types of lawyers! The accident was kind of a blessing in disguise in that way.
If you are involved in an accident and suffer an injury, you might assume that your case is most likely to end up in a courtroom. However, there are many downsides to battling a personal injury case in court. Not only is it more time-consuming and expensive, and there is no guarantee that you will win your case, but your personal injury case might also be appealed by the defendant. Therefore, your attorney might encourage your to settle your case out of court.
Why Personal Injury Cases Are Sometimes Appealed
After you have been awarded damages, such as for pain and suffering, the defendant might appeal the case and argue that you are not as injured as you claim. They might argue that your injury was the result of a pre-existing condition.
Or, they might argue that you won your case because of a runaway jury. This is a phenomenon in which the jury does not listen to the instructions of the court. When your case is appealed, you may not receive as much in damages.
The Advantages of Reaching a Settlement
When your attorney successfully negotiates a settlement, you will receive compensation for your injuries and your case will be resolved in a manner that is private. In contrast, when you go to trial, your case will be a matter of public record.
Simplistic cases are the best to resolve out of court because you will not need discovery or expert testimony in court. Instead, you will simply be calculating your damages and negotiating for the highest settlement you can. However, you may be able to settle even a complicated case if you work with an experienced personal injury attorney who will work with expert witnesses and other professionals to help you resolve your case.
Reasons Why the Defendant Might Not Settle
The more that your case is worth, the less likely that you will be able to settle your case out of court. This is because the other party will be afraid to pay for such high damages. The defendant might also believe that the act of settling is essentially an admission of guilt.
However, if you continue to put pressure on the other party, they may choose to settle at the last minute. A large percentage of settlements are reached shortly before going to trial to avoid a trial that might go badly for the defendant because of the strong case made by your personal injury attorney.
Contact a company like Law Office of Robert Karwin to learn more.
Share21 October 2021
