Many shady law firms will advertise that insurance companies do not want to take them to court. These firms claim that companies are afraid of them. However, insurance companies don’t make settlement offers based upon representation. These offers come from the facts of the case and injuries. These facts are important when deciding to go to court or settle. However, settling a motor vehicle accident case may be the best thing to do.
Settling a Motor Vehicle Accident Case
Statistically, most personal injury claims settle out of court since a case could take a year or two to go to trial. During this time, a knowledgeable complex litigation attorney will state a process called discovery. Investigators on both sides research the accident by the obtaining of documents and witness accounts. Both sides share anything learned during this period. Many defense attorneys will try to discredit the plaintiff or ask for mountains of information to overwhelm. Even after success, it could be a while to receive the award from the trial.
Another good reason to settle out of court is to avoid the risk of incurring the defendant’s attorney’s fees. This is why it is important to think about a settlement you may be more inclined to accept. Most states have laws that if a plaintiff does not accept a settlement, he or she could be responsible for the defendant’s fees from the court case if the plaintiff does not win the case.
The Danger of Losing Over Threshold Injuries
Unfortunately, in a motor vehicle accident case at trial, there is a chance of losing the case because of threshold injuries. This term means an injured person is seeking to recover more than just medical bills. To do this, a threshold must be met by a doctor stating within a reasonable degree of medical certainty that the accident victim suffered a permanent injury or a significant loss of a bodily function. However, even with this statement, a jury can still find that the injuries have not met the threshold.
Receiving Less Money
A recent study examining civil lawsuits discovered that plaintiffs who declined a settlement received less after a trial. In a quarter of the cases, defendants made the wrong decision by proceeding to trial. However, plaintiffs were wrong 61% of the time. Also, in only 15% of cases, both sides were correct to go to trial. This means that the defendant paid less than the plaintiff wanted, but the plaintiff received more than the settlement offer. You may be completely right, but an excellent attorney like the ones at The Michael Brady Lynch Firm can advise you on the best path to receiving just compensation.
It can be shocking after an accident to learn how expensive, time-consuming and frustrating the process can be. For many, pain does not present itself at the scene of the accident, however, the debilitating pain begins a day or two later. This can be difficult for many Americans who do not have health insurance or disability insurance. Therefore, it can be difficult to receive medical attention or income while out of work.
At The Michael Brady Lynch Firm, our dedicated staff is skilled in complex litigations like vehicle accidents. Our consultations are free and without obligation. Let our two decades of experience get justice for you.