Will My Personal Injury Case Go To Trial?
When many people think of a lawsuit, they think about parties and attorneys battling out in court in front of a judge and jury like they see on television shows and in movies. While trials are not always as dramatic as they are portrayed to be in entertainment media, trials can be time-consuming, costly, and stressful.
While some personal injury cases do go to trial, the large majority of cases come to an agreement outside of court prior to the trial date. In fact, statistics show1 that a whopping 96 percent of personal injury cases come to a pre-trial settlement agreement.
A personal injury attorney can help you come to a favorable settlement agreement without the stress of a trial in a number of ways. The following are some of the tactics lawyers may use to obtain the recovery you deserve outside of the courtroom.
Communicating with the insurance company – Before a legal claim is ever filed, your lawyer can communicate and negotiate with the responsible party’s insurance company to try to get you the payout you deserve without having to initiate a lawsuit. Sometimes even the threat of legal action and some well-crafted arguments can lead to enough to cover your losses.
Mediation – If you cannot get a sufficient payout from the insurance company, you may attend mediation with the other party. Mediation2 is a form of alternative dispute resolution (ADR) in which a third-party mediator will facilitate discussions between you/your attorney and the defendant/their attorney to reach a favorable agreement.
Settlement negotiations – If mediation does not work, your case will proceed to the discovery phase during which your attorney will further investigate your case and gather evidence from the other side. Your attorney can then use the evidence obtained to make arguments regarding the strength of your case in order to convince the other party to agree to a fair and just settlement.
Some cases are not able to come to an agreement that is adequate to cover all of your losses. In such situations, your case will have to go to trial and you should always have an attorney on your side who is a skilled litigator. Call an experienced personal injury lawyer at the office of Boling Rice, LLC in Cumming, Georgia today at 770-887-3162 for a free consultation.