If you have been involved in an auto accident, or sustained injuries by using a faulty product or slipping or falling at someone else’s property, you might have filed a personal injury claim against the errant party, whose negligence or carelessness caused your injuries. Such a claim helps you recover your medical expenses and be recompensed for the time missed at work, the reduced ability to work, and other damage that stemmed from the incident.
Needless to say, if you are seeking recompense, you have to knock the doors of the court. While the mere thought of visiting a court of law can be frightening to many of us, the good thing is that most claims get settled outside the court premises. However, every claim is unique in its own way. Hence, the answer to the question, “What should you expect in your injury case – settlement or trial?” relies heavily on the nature of your case.
As a matter of fact, several factors help decide whether it is good to have a matter settled outside court or take the legal recourse. It is, therefore, a great idea to discuss your case with an experienced personal injury attorney in Montgomery, AL, who can help you take an informed decision.
Factors Involved in Claim Settlement
Soon after you file a personal injury claim, your attorney as well as the defendant’s or insurer’s will review the case, considering all the probable factors related to the lawsuit. Once they determine the severity of your damage and know whether you were at fault – completely or partially – your lawyer will start the negotiation process. Both the insurer and defendant will try to settle the matter as soon as possible to prevent the case from making its way to the court for a pricey trial. The process itself will take many twists and turns. It is recommended that you hire a skilled personal injury lawyer in Montgomery to up your odds of receiving a fair compensation. Eventually, if you manage to obtain what you truly deserve, perhaps you will not go for a court-based trial.
However, if the defendant doesn’t think that they are responsible for your losses, you can file a claim against them in court and possibly obtain recompense for your losses. If you both don’t agree to settle on a specific amount as compensation, your case shall go to trial in all probability.
Merits and Demerits of Going to Trial
By and large, it would be your ultimate decision whether to accept what has been offered or go for a trial. The advantage of taking your case to court is that you may get more than what’s offered otherwise. Likewise, the downside of the same is the risk of receiving no compensation altogether if the ruling goes against you. The lengthy trial period and the associated stress are the other pain points.
In case you are taking the matter to court and looking for a competent personal injury lawyer in Montgomery, choose an attorney who follows the “no win-no fee” rule. This will save you a hefty lawyer’s fee even if you lose the case.
Signing Settlement Documents
There is no going back once you sign the settlement document with the defendant/insurer. Hence, you should double-check and be totally satisfied with the amount being offered as compensation. Taking legal assistance from a seasoned personal injury attorney in Montgomery, AL is all-important since they can decisively tell whether the settlement is fair or you may have to go to court for a bigger reward.
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