This is a common question that injury victims have when they meet with an attorney. They often feel a lot of anxiety about the thought of going through a trial.
Below, learn more about when cases may need to go to trial for the victim to have a chance of obtaining fair compensation. If you have other questions about the legal process, contact the experienced legal team at Schmidt Kramer.
Most Cases Settle
The truth is that most personal injury cases settle. This settlement may happen at various times. Many cases settle before a lawsuit is filed while others may settle shortly after a lawsuit is filed. Others may settle on the courthouse steps on the day of trial or the day of the verdict.
Personal injury claims are often filed with insurance companies and the victim and/or his or her lawyer negotiates for fair compensation. It is usually much cheaper for insurance companies to settle the claim instead of going to trial. Insurance companies also like the certainty of negotiating a settlement, rather than the uncertainty of a trial. Therefore, it is often in the insurance company’s best interest to resolve a claim through settlement.
Plaintiffs also benefit from settlements. When a case settles, the plaintiff can receive compensation much faster. Since plaintiffs must find a way to cover medical bills while waiting for a settlement, getting the money faster can help them protect their credit and financial stability.
Additionally, settlements offer both parties privacy. An insurance company may want to avoid the publicity of a large award to a plaintiff and plaintiffs may want to avoid their medical information becoming publicized.
When Are Settlements Not Possible?
Even though settlements are often in the best interest of both parties, some personal injury claims may not result in a settlement. For example, both parties may agree on alternative dispute resolution, such as mediation or arbitration.
These are some common reasons why a settlement may not be possible:
- Liability is contested – If the parties disagree about how an accident occurred or who was at fault, the insurance company may refuse to settle the claim and victims may file a lawsuit.
- There is disagreement about your damages – If the insurance company or defendant believes that some of your injuries were due to a pre-existing condition or they think the amount you are seeking is not reasonable, they may refuse to settle the claim.
- The settlement is too low – Many insurance companies make lowball settlement offers in the hopes that the victim will take it and the claim can be resolved for as little as possible. If the insurance company does not offer a fair settlement, you may need to go to court to have a chance of obtaining fair compensation.
It is important to find a personal injury attorney in Harrisburg who is prepared to take the case to trial in case a favorable settlement cannot be obtained. Even if your case does not settle before you file a lawsuit, there may still be an opportunity to reach a settlement once the insurance company realizes that your lawyer is prepared to take your case all the way through the process.
Contact an Attorney for Help With Your Claim
Whether your case goes to trial or is resolved through settlement, you need a strong legal advocate on your side. The knowledgeable lawyers at Schmidt Kramer are prepared to investigate your claim and negotiate for maximum compensation with the insurance company. If a settlement is not possible, our lawyers can discuss the possibility of proceeding with a trial.
Contact us today to schedule a free consultation with our legal team. Call (717) 888-8888.