How Do Most Personal Injury Cases Play Out?

If you’ve been injured as a result of the actions or negligence of another party, you’re probably wondering what lies ahead in your quest for fair compensation. While it’s important to remember that every case is unique, a lot of personal injury cases with merit play out in a similar manner. In today’s blog, we take a closer look at how the majority of personal injury cases play out.

What To Expect From Your Personal Injury Case

Again, every case is different, so there is no guarantee that your case will play out like a standard injury case, but at the same time, there’s a reason why roughly 95 percent of personal injury cases are settled out of court before being decided by a judge. It’s all about limiting liability and avoiding leaving a decision to a third party if at all possible. So here’s a simplified look at what you can likely expect from your personal injury case.

The first thing you should do regardless of whether or not you believe it will be a simple or complex case is to reach out to a personal injury lawyer like Dean Margolis or another trusted expert in your area. They’ll be able to review the facts of your case, explain if you have a sound case and help assist in the planning and execution of your claim. Not only can they ensure that you file everything correctly and put forth a fair settlement claim, but they can often pay for their services many times over by helping you secure a bigger payday than you would be capable of receiving on your own

Once you’ve hired a lawyer, you’ll work together to put forth an injury claim. The lawyer will do all the heavy lifting, but you’ll be needed to answer some questions, provide your version of events and to receive a medical evaluation. After your lawyer has all this information and has carefully assessed the totality of your injuries in order to come up with a claim amount, they will file the personal injury claim.

In most instances, the insurance company of the liable party will receive notice of this claim and then work to settle out of court. As long as your case has merit, you shouldn’t expect a lot of fight from the insurance company in regards to trying to settle out of court. That being said, insurance companies will likely try to overstate your role in the injury and limit the amount they have to pay out. This is why it’s important to talk with your lawyer beforehand and come up with a plan as to what you’d take as the lowest settlement offer. It’s helpful to have a number in your head that you’d accept before the other side counters so that you can work towards an amicable conclusion.

There’s a chance the insurance company will give you the full amount, but more often than not they try to save a little money here or there. Odds are your settlement offer from them will be lower than your asking amount, and you are welcome to accept, counter or decline and take the claim before a judge. Most cases either end with an acceptance of this insurance offer, an acceptance of a counter offer from the claimant, or a settlement negotiated by a third-party arbitrator. Only about five percent of cases are decided by a judge, so it’s important to have a lawyer by your side who can negotiate with the insurance company and get you a fair settlement offer.

We will happily fight for you before a judge if it comes to it, but we’ve successfully negotiated settlements that got our clients more than they imagined they’d be getting, and we can do the same for you. For more information or for help with your case, reach out to Dean and the team at Margolis Law Firm today.