Do Injury Lawsuits Always Go to Court?


When you’re hurt and it’s someone else’s fault, you have the right to collect compensation for your injuries and file a lawsuit to do so. However, the process can be difficult and stressful, and in general, the last thing you want is for it to end up in a courtroom.

Taking these kinds of suits to trial is rarely advantageous for anyone involved, and that’s a big reason why, for the most part, an injury claim never goes before a judge. Discover the processes and procedures of an injury lawsuit, how it usually moves forward, and how, with the help of a lawyer, you can avoid going to court.

How a Personal Injury Lawsuit Progresses

An injury lawsuit begins when you file a case and issue a letter of demand to the party whose negligence caused your injury (the defendant). In this letter, you will outline your case, including how they were negligent in their behavior, and that this negligence resulted in the accident that caused your injury. It will also outline the damages you’re seeking and the total amount in compensation for those damages.

When the insurance company for the defendant receives the letter, they will conduct their own investigation and evaluation of the case, and come back to you with a response. This response will attempt to find inconsistencies in your case and provide reasons why the insurer shouldn’t pay your asking price. It will likely include a very low-ball counter offer.

At this point, your lawyers and the insurance company will debate back and forth, each giving a little at each stage until both sides reach a reasonable settlement.

Avoiding Trial

In the vast majority of cases, an injury case will never make it to trial. The reason for this is that it doesn’t really benefit anyone to go that far. Consider that when a judge issues a ruling, it’s all or nothing: either you get everything you asked for or you don’t get anything at all.

Even more, whoever loses the case will have to pay potentially expensive legal and court fees—this will be the case even if your attorney is working on contingency. Finally, whoever loses may not have to face the verdict right away. There can be an appeals process that could drag the case out for years. That means it could be a long time before you get a settlement even if you win.

For all of these reasons, it’s usually considered essential to avoid taking a case to court. Even if negotiations break down, there are options like third-party mediation to explore before going before a judge.

Utilizing the Services of an Experienced Injury Lawyer

Especially if you’re looking to avoid court, your best bet is to hire a qualified attorney to handle your case. Winston-Salem injury lawyers have experience negotiating, reaching acceptable settlements, and keeping cases out of court so that you can avoid these unpleasant expenses.

If you’re in this situation, the lawyers at Mike Lewis Attorneys are your best option. Our attorneys have years of experience helping people get sizeable settlements for their injuries. Give us a call today to learn how we can help you.

Call 866-299-1769 or use the Free Case Evaluation form to schedule a free consultation.
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