Personal injury victims have the choice of filing a lawsuit or settling a claim out of court. If a plaintiff does not wish to settle their claim, they can take their case to trial and have it determined by a judge instead. Although you are wholly entitled to take your personal injury claim to court and have the outcome resolved by a judge or jury, most cases can be settled without getting the courts involved. A seasoned and skilled personal injury lawyer is always prepared to take a claim to court, but can usually settle a claim without ever going to trial, as long as the defendant’s insurance company will be reasonable.
The decision to settle or file a lawsuit is one of the most significant decisions you must make as a personal injury victim. The ultimate decision is entirely up to you, however, it is strongly advised to carefully deliberate your options with your trusted lawyer. They have the knowledge, experience, and resources to provide professional guidance and recommendations for your case.
Factors in the Settlement Decision
There are numerous factors that may influence a plaintiff to file a lawsuit and take their case to court. One of the most common reasons is receiving an insufficient offer from the opposing party’s insurance carrier. A plaintiff may believe that the settlement offered is not enough and that their claim has more value. If an insurance company makes an offer that the plaintiff feels satisfies their claim, then it is usually settled before going to court. Most personal injury cases are settled this way.
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