Do Most Personal Injury Claims Settle Before a Lawsuit is Filed?
Most personal injury claims settle before lawsuits are filed. Going to trial is very expensive and risky. Usually, both sides would rather work out an agreement they can accept than tolerate the cost in money, time, and energy a trial takes. Although we and the insurance company may think a jury will decide one way or another, it’s just a guess, and the stakes are high.
If you’re looking for an Orange County personal injury attorney, Hicks Law Firm attorneys are skilled litigators and effective negotiators who reach fair settlement agreements for our clients. Contact us today at (949) 541-9944 to learn more.
The Negotiation Process After an Accident
After clients retain our services, we get their side of the accident’s story and investigate their claims. If there’s enough evidence to support it, we’ll document it and make a claim against the responsible party’s insurance carrier.
Both sides may want more information, there’s usually some give and take by both sides, and the parties reach an agreement. Our clients agree to a sum of money in exchange for giving up any legal claims they have against the insured.
It’s smart to be open-minded. We’ve had clients with no interest in going to trial. We don’t tell the insurance company that and proceed as usual. If the insurer makes their last, best offer and the client doesn’t want to push the issue further, they accept it.
We’ve also had clients determined to go to trial. They may think it’s the way to obtain the most money or a way to punish the other party or both. This approach is not the way to go. If the party gets a reasonable offer, they should accept it because no case is perfect. A jury may find liability in your favor but not award you as much money as expected.
Should I Settle My Personal Injury Claim?
There are many reasons you may want to settle a claim rather than proceed to trial.
1. It’s Faster and Less Expensive
A primary benefit of settling a personal injury case is that the resolution can be much faster than going to trial. Trials may drag on for years (especially if legal appeals are involved). Time has value. How much does it mean to you?
2. Avoid the Uncertainty of a Trial
Going to trial can be unpredictable, and there is always a risk that a jury may not rule in your favor. Letting a group of strangers decide your case is a gamble you may not be willing to take. Settling your case is a more certain outcome, as you and the defendant can agree on a settlement amount you both accept.
3. You Control the Outcome
Instead of the jury, you control what happens. We will negotiate with the defendant and their insurance company to arrive at a settlement that considers your medical bills, lost wages, pain and suffering, and other damages. You decide whether or not to lower your demand and accept, or not, what the insurance company offers.
4. Avoid the Emotional Toll of a Trial
Trials can be emotionally draining, particularly if you are reliving the traumatic experience of the accident. Settling your case can help you avoid this emotional toll and allow you to focus on your recovery and move forward.
5. Begin the Process of Recovery
Perhaps the most important reason to settle is that it helps you recover financially and emotionally. You can pay your medical bills and make up for lost wages by receiving a settlement. It enables you to focus on your physical and emotional well-being and begin the process of healing because you can put the accident behind you.
Do You Have a Personal Injury Claim You Want to Discuss?
If so, take one step at a time, and start at the beginning. Don’t worry about filing lawsuits or settling them. Talk to an attorney at a personal injury law firm in Costa Mesa with experience successfully litigating and settling cases like yours. Answer some questions and learn about California law. We’ll discuss what we think are the strengths and weaknesses of your case and how you should proceed.
Those with successful cases don’t feel the strongest about their claims or are the most eager to force the issue to trial. Their cases’ facts clearly show they’re negligence victims, and the law is firmly on their side. When both sides are reasonable, the plaintiff typically ends their case with a fair and favorable settlement.
The personal injury lawyers at Hicks Law Firm have successfully represented people injured in many accidents throughout Orange County including Huntington Beach, Newport Beach, Tustin and Irvine. Our staff can help you recover all the damages you may be entitled to, with or without a trial. Schedule a complimentary case consultation by contacting us today.
Aaron Hicks is a civil trial attorney and founder of Hicks Law Firm, based in Orange County with offices in San Diego and Tennessee. His practice includes representing plaintiffs in personal injury cases including motor vehicle accidents, premises liability, dog bites and wrongful death. Mr. Hicks is and AV Rated attorney, Super Lawyer and is currently on the Board of Directors of the Orange County Trial Lawyers Association where he serves as 1st Vice President.
