Will My Personal Injury Case Settle Out of Court?

Accidents can occur anywhere and at any time. When a person hurts someone else intentionally, he or she can face criminal charges – and they can be sued by the injured party.

When a person or entity, such as a business or manufacturer accidentally injures someone else due to “negligence,” the at-fault party may not be prosecuted in criminal court, but they may be the subject of a civil lawsuit in the form of a personal injury claim.

Sometimes, when people are injured in accidents they fail to file personal injury claims out of fear of having to endure a long, drawn-out court battle. When injured parties choose not to file personal injury claims, they can lose out on thousands, if not tens or even hundreds of thousands (depending on the case) in valuable compensation.

Some reasons why people don’t file personal injury claims, include:

  • They are afraid of going to court.
  • They are afraid they will lose.
  • They don’t want to inconvenience the at-fault party.
  • They don’t want to insult the at-fault party.
  • They don’t want to offend anybody.
  • They’re afraid to ask for damages.
  • They are afraid of an expensive court battle.

If you have found yourself coming up with the above reasons not to file a claim, you shouldn’t let any of them stop you. As far as fearing going to court, we’ll tell you right now that upwards of 90 percent of personal injury claims settle out of court. Why is this?

There are many advantages to settling a personal injury claim out of court, and this applies to both plaintiffs (injured parties) and defendants (at-fault parties). Essentially, settling outside of court is advantageous because it saves a lot of time and money by avoiding a jury trial.

Juries are unpredictable and settling allows the parties to control the outcome of the case. For big insurance companies, settling keeps the details of the suit out of the papers, and for plaintiffs, settling ensures they get paid faster. Settling is a win-win situation.

Are You Hesitant to File a Claim?

If you’re nervous about going to court, don’t be. There is a very slim chance that your case will go to trial. Keep in mind however, that there is a time and a place for trial. If an insurance company refuses to agree to a fair settlement, trial becomes necessary.

Even when cases go to trial, insurance companies often negotiate settlements well-before juries return verdicts because they get nervous. In effect, going to trial as a last resort and receiving compensation through a settlement or verdict is a lot better than nothing.

If you were injured in an accident in Columbia, South Carolina and you’re not sure whether to file a claim or not, we urge you to contact our firm right away for a free case evaluation. We’d be glad to give you the direction you need to make an educated decision about your case.

Categories: Personal Injury
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