Will Your Injury Case Go to Trial?

March 3, 2020
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When you think of the possibility of a personal injury case, you might imagine an injured accident victim on the witness stand in court in front of a jury. While some personal injury cases do make it to the trial stage, the large majority of claims are resolved before you ever enter a courtroom. The following are some reasons why your case likely will not go to trial. 

Insurance Settlements

Most cases begin by filing a claim with the insurance company of the party that caused your injuries. Your claim must include evidence to support your assertions of liability, as well as the losses you incurred. Even if liability and your losses are clear, however, you should not expect the insurance company to automatically pay you the amount you deserve. 

In most cases, insurance adjusters will offer a settlement that is far too low, though this does not mean that this is the end of the process. The right attorney will know how to negotiate with insurance companies to increase the settlement offer when possible. If the insurer offers a fair amount that will cover your losses, you can accept the offer and receive payment, thereby resolving your case. You should never accept an offer without first having it reviewed by a skilled attorney. 

Mediation

If the insurance company will not make a fair offer, you do not have to go directly to court. Instead, you might participate in mediation or another form of alternative dispute resolution. Mediation is generally much faster and less costly than litigation, and a mediator might be able to help the insurance company compromise and agree to cover your losses. You should still have your own legal representation throughout this process. 

Settlement Negotiation During Litigation

If you cannot get the offer you deserve, your attorney can prepare and file a complaint in civil court. This initiates the litigation process, though it still does not mean that your case will head to trial. There are many steps to the litigation process, and your attorney can engage in settlement negotiations with the defendant during each one. 

The discovery process can work to build your case and demonstrate to the defendant that you have a strong case. In many situations, a defendant will agree to a favorable settlement to avoid the resources and uncertainty that come with going to trial. If you cannot reach a pretrial settlement, the case will proceed into court. 

Seek Help from a San Francisco Personal Injury Attorney Right Away

There are many different opportunities to resolve an injury claim before the trial stage. That being said, you want to have a skilled San Francisco injury attorney handling your claim just in case a trial is necessary. At Bogaards Law, we are skilled negotiators who try to resolve matters as efficiently as possible, though we never hesitate to advocate for our clients in court when necessary. If you would like a free case evaluation from our legal team, contact us right away. 

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