When someone has sustained serious injuries and another party is at fault, compensation may be available via an injury claim to address the damages suffered, which can be numerous in serious injury cases.
Although taking an injury case to trial is sometimes the best option for claimants, in many circumstances it is beneficial to reach an out-of-court settlement with the other party’s insurance company.
An attorney can prove beneficial when negotiating a settlement with insurance representatives to ensure fair treatment. Agreeing to an out-of-court settlement isn’t necessarily giving up or “losing” your case, in fact, it could offer more benefits than negatives.
Advantages of an Out-of-Court Settlement
The legal costs of going to trial can be significant. Although utilizing the help of an attorney will result in some legal fees when settling a claim, they are likely to be much less than a case that is litigated. Further, attorneys fees must still be paid when going to court to resolve a case.
There is also a lot more work that goes into preparing a court case. The negotiation process can sometimes be lengthy, but it generally doesn’t compare to how long one has to wait for a trial, which can take several months, or in some cases, years.
In many cases, the insurance company for the other party has no interest in battling it out in court. So it may be willing to cooperate in coming to terms on an agreement. It doesn’t necessarily mean it will go the claimant’s way, but the insurance company doesn’t want to spend litigation costs any more than the injured person does.
As if an accident itself isn’t already stressful enough, facing a lengthy trial can make it even worse. Even though negotiating an out-of-court settlement isn’t easy, it’s generally a lot less stressful than going to court.
Once a settlement has been reached and agreed upon, it’s over. With a court case there can be appeals, which extends the dispute.
Advantages to Securing Legal Representation for an Injury Claim
Pursuing an out-of-court settlement without legal counsel can be risky, especially when injuries are severe. It’s important to take into consideration all the ways in which an injured person has been impacted. Not just initially but in the future as well.
For instance, there may be ongoing medical treatment that will need to be addressed in a claim, such as rehabilitation. There is the possibility that the individual ill miss an extended period of time from work, or it could be that the injuries are so serious the person is no longer able to work.
An attorney will ensure that all financial losses are addressed in a settlement, and that other damages are also included such as:
- emotional distress;
- permanent disability; or
Contact D.J. Banovitz to learn more about the options available when filing an injury claim. A lawyer can explain the pros and cons to both settling out of court and litigation. After reviewing the details, an attorney can determine which route is the best to take and what would be a fair out-of-court settlement.