Will I have to go to court in order to get a settlement?


When speaking with a personal injury lawyer for the first time, one of your questions might be, will I have to go to court in order to get a settlement? It’s natural to wonder about this because most people would rather avoid testifying in court owing to the associated anxiety and nervousness they anticipate feeling. At the very beginning of your case, your personal injury lawyer may be able to give you an idea of whether or not you’re likely to have to go to court.

What is a personal injury claim?

Many people mistakenly believe that in order to get compensation from the party who harmed them that they must sue them. While this is certainly the case on occasion, generally speaking the first step is not usually to file a lawsuit. Your personal injury lawyer will usually recommend filing a claim with the liable party’s insurance company.

·         This may be the case whether the victim was injured in a car accident, when using a defective product, or another scenario in which they were hurt through no fault of their own.

·         Next, your personal injury lawyer will gather your information and proof that the other party is liable, an itemized list of your damages with their associated costs, and any other pertinent documentation.

·         Your lawyer will then submit this claim to the relevant insurance company.

What is a civil lawsuit?

In the event that the insurance company for the liable party is not willing to negotiate a settlement, or engage in mediation to come to a mutually agreeable resolution, your personal injury lawyer may recommend proceeding to a lawsuit. Because this is always an eventual possibility, our personal injury lawyer will always prepare each claim as if they are heading to court. In this way, your case will already be prepared for court. The other advantage is that during the discovery process, when the other side sees the facts of the case from your personal injury lawyer’s perspective, there is a very good chance that they will reconsider settling. A settlement will be less costly for them than a lawsuit which can drag on for months.

If my case goes to court, will I have to testify?

Every case is different because of the many variables involved. Again, because your personal injury lawyer will understand the details of your case, you can gain insight from asking about the likelihood of having to testify. Most of the time, a personal injury lawyer will avoid putting their client on the stand unless their testimony will substantially bolster their case. For example, if the plaintiff (the person who is pursuing the lawsuit against the other party) was egregiously injured, their personal injury lawyer may call them to the stand to speak about their injury. If the jury hears from the victim about how the injury has impacted them, this can make a strong impression on them and possibly help the case.

If you would like to know more about how a personal injury lawyer may be able to help you get fair compensation for your injury, call a personal injury law firm Salt Lake City, UT trusts today for a free consultation.

Thanks to Rasmussen Miner for their insight into personal injury claims and settlements.

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