If you have been injured due to another person’s negligence, you can hold them liable for paying compensation for your medical expenses, lost income, and other damages. These are known as personal injury cases, and the vast majority of them are resolved through a settlement. Settlements are reached after the attorney for the claimant negotiates with the insurance company’s adjuster or attorney until a fair offer is reached. In some cases, the insurance company will not pay a fair amount and accident victims must go to trial to exercise their rights and obtain the full damages they deserve. Below, our West Virginia personal injury lawyer explains further.
What are Personal Injury Settlements?
In the days and weeks following an accident, the insurance company will often offer the injured individual a settlement. The first settlement offer is routinely not enough to fully cover the damages.
Insurance companies are notorious for protecting their bottom line, which means not offering accident victims fair settlement offers. Injured individuals are always advised to work with a personal injury lawyer who can negotiate a fair settlement offer on their behalf.
While most personal injury cases are settled outside of the courtroom, it is critical to ensure that any settlement offer is fair and will fully cover the cost of your injuries. If it does not, you cannot go back to the insurer and ask for more compensation after you have settled.
Personal Injury Settlement Process
There are many steps involved when reaching a personal injury settlement. These include:
- Your lawyer will send a demand letter, which includes information about the damages being pursued, to the insurance company representing the liable party.
- The insurance company will review the demand letter and make a counteroffer.
- Both sides will enter into negotiations.
- The parties will reach an agreement.
If the two sides cannot reach an agreement, they will have to go into the litigation process. Some claims settle during that process, most often at or soon after a court-ordered mediation. Other times it is best to go to trial and allow a jury to decide the issues of fault and damages.
Benefits and Drawbacks of Settlements
Settlements are often the best choice, but that is not always the case. Just like anything else, they have benefits and drawbacks. A settlement typically allows accident victims to receive their compensation faster, and they also do not pay as much in legal fees and trial expenses. Lastly, the risks are easier to manage than they are when going to trial.
The main drawback of settlements is that the liable party may never pay a fair amount of damages.
Sometimes, the only way accident victims can obtain the full damages they are entitled to is to go to trial.
Reasons for Settlements
There are many reasons people choose to settle out of court rather than go to trial. The liable party may think that you will win the case if you go to court, particularly if you are working with an experienced personal injury lawyer. When injured individuals are happy with the amount being offered by the insurance company, they may also agree to a settlement. Lastly, there are times when the amount of damages does not justify a trial.
What is a Personal Injury Trial?
When a personal injury case goes to trial, a judge or jury will make all final decisions. Each side has the opportunity to present evidence, examine and cross-examine witnesses, and make their arguments.
Only a small number of personal injury cases, approximately three percent, end up in a trial.
Personal Injury Lawsuit Process
Like settlements, there are also many steps involved in personal injury litigation. After a lengthy pre-trial process involving discovery (depositions, requests for production of documents, and the like) motions, arguments and briefing, the preparation of proposed jury instruction and other submissions, and other steps, a trial will follow. The steps involved in a trial include:
- The jury is selected. Each attorney has a certain number of jurors they can veto without cause.
- Each side makes opening statements outlining their case and the arguments they will present.
- Each side will call witnesses and examine them. The other side has the opportunity to cross-examine all witnesses.
- Each lawyer will make closing arguments, summarizing their case.
- The jury will deliberate, or meet, and make a final decision.
- The jury will issue their final verdict regarding fault and the amount, if any, of damage the injured individual is entitled to.
Benefits and Drawbacks of Personal Injury Trials
Like settlement offers, personal injury trials have many benefits and drawbacks. The biggest benefit of settlement offers is that injured individuals can often obtain more damages. Juries sometimes award much more in damages than insurance companies would ever offer. Additionally, trials often bring accident victims a sense of closure because they receive answers and solutions they would not have through a settlement offer.
However, there are some drawbacks associated with going to trial. Trials cost much more than settlement offers and they also take much more effort. The biggest drawback, though, is that trials are unpredictable. Neither side can be assured that they will win when taking the case to court.
Why is My Personal Injury Case Going to Trial?
While most personal injury cases do not go to trial, there are times when it is necessary. A case may go to trial if both sides believe that they can win in the courtroom. The most common reason personal injury cases go to trial is because defendants are unwilling to make a fair settlement offer.
Factors Impacting Settlements and Trials
Personal injury trials often offer greater rewards, but the risks are also greater. The factors that influence whether a case will go to trial or settle out of court are as follows:
- The nature and severity of injuries
- The amount of current and future medical expenses
- The amount of income the accident victim lost
- The amount of pain and suffering endured
- Whether the conduct of the defendant was egregious
- Societal norms
Typically, trials are necessary when the amount of damages is very high, as insurance companies are much more hesitant to pay them.
Our Personal Injury Lawyers in West Virginia Can Represent You at Trial
While most personal injury cases are settled outside of the courtroom, there is no way to determine when a case will go to trial. At Kaufman & McPherson, our West Virginia personal injury lawyers have the necessary experience to go to trial and help you obtain the most favorable outcome possible. Contact us to schedule a free review of your case and to learn more about how we can help with your case.
