Dealing with an unexpected injury can feel really overwhelming. Everyday tasks can suddenly become difficult or painful because of trauma and new physical limitations. And, before you know it, medical bills and lost wages can create a really stressful financial situation. Many people are unsure about how they will be able to recover financially. They may see advertising for help from a personal injury attorney, but worry that they will have to go to court to get compensation.
As personal injury lawyers who have represented over 6,000 injured people, we want to reassure anyone who has been injured because of the negligence of another party that the process typically doesn’t involve going to court and is less intimidating than it sounds. This is because personal injury law firms manage every stage of the claim – typically without charging any upfront fees – and often help coordinate medical care with providers who are willing to wait for payment until a settlement is reached, so the injured person can focus on healing.
How Many Personal Injury Claims Go to Court?
The good news is that most personal injury cases do not go to trial. In fact, 95-97 percent of injury claims are resolved through settlements. A settlement is an agreement between the injured person and the insurance company (or responsible party) to resolve the claim without going to court.
Settlements are common because they save time, money, and stress for everyone involved. Insurance companies often prefer to avoid the cost and uncertainty of a trial, and injured individuals usually want compensation as soon as possible so they can move forward with their recovery.
The Typical Personal Injury Claim Process
While every case is different, most personal injury claims follow a similar path:
- Medical treatment and recovery. The first priority is your health. After an accident, it is important to receive medical care and follow your doctor’s recommendations.
- Investigation and evidence gathering. A personal injury attorney reviews medical records, accident reports, witness statements, and other evidence to build a strong case so they can fight for the settlement you deserve.
- Demand and negotiations. Your attorney sends a demand letter to the insurance company outlining your injuries, damages, and requested compensation. Negotiations usually follow.
- Settlement. If both sides are able to agree on a fair amount, the case is resolved without court involvement.
For many people, the case ends here.
When Does it Become Necessary to Go to Court?
Sometimes, a fair settlement cannot be reached. Litigation may become necessary if:
- The insurance company denies responsibility
- The settlement offer is too low to cover medical bills, lost income, and pain and suffering
- Liability (who is responsible) is disputed
- Injuries are severe or long-term, which increases the value and complexity of the case (including wrongful death)
It is important to know that filing a lawsuit does not automatically mean your case will go to trial. In many situations, filing suit encourages the insurance company to take the claim more seriously, and the case may still settle before trial.
What Happens If a Personal Injury Case Goes to Court?
If a case does move forward, your attorney will guide you through each step. Litigation usually includes:
- Discovery. Discovery is when both sides exchange information, documents, and take depositions.
- Motions and hearings. This is when legal issues may be addressed by the court before trial.
- Mediation or settlement talks. Courts often encourage settlement with the help of a mediator after a lawsuit is filed.
- Trial. If no agreement is reached, the case is presented to a judge or jury.
- Jury award. If the jury rules in favor of the injured person, it will decide the amount of compensation to award for the losses caused by the injury.
Rest assured that if your case goes to trial, that your attorney will handle the legal work, prepare you for testimony if needed, and advocate for your best interests. Trials can take time, but they also provide an opportunity to seek full and fair compensation when settlement is not possible.
Seek the Help of a Personal Injury Lawyer
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! Since 1979, our personal injury law firm, Tario & Associates, P.S., has been dedicated to fighting for the rights of people injured throughout Washington State, with local offices in Bellingham and Mount Vernon to serve residents of Whatcom, Skagit, Island, and Snohomish counties. You will pay nothing up front and no attorney fees at all unless we recover damages for you!
