Should You Settle Your Personal Injury Case or Go to Trial?

People threaten to sue each other all the time, but only a small fraction of these lawsuits actually materialize. Perhaps, at the scene of the car accident that caused your injuries, the other driver even threatened to sue you, even though it was obvious to everyone that the other driver bore most of the fault for the accident. Empty threats aside, people who genuinely intend to sue often change their minds once they realize the amount of work that goes into filing a lawsuit and preparing for trial. Being a plaintiff in a civil lawsuit is as stressful as being a defendant. Personal injury lawyers might advertise that they fight to the finish, never settling and never compromising, but fighting is not the main goal of a personal injury lawsuit. The goal is to get the money you lost as a result of an accident that the defendant caused, and getting the money after less conflict is just as good as, if not better than, getting the money after more conflict. A Miami car accident lawyer can help you get the money you need after an accident, with or without a lawsuit or a trial.

Personal Injury Lawsuits are About Getting the Money You Need, Not About Having the Last Word

If you file a personal injury lawsuit, the chances that you will receive a settlement are much greater than the chances that you will go to trial. During the discovery process, where the plaintiff and the defendant notify each other of the evidence that they intend to present at trial, it will become obvious to the defendant that the defendant is legally responsible for your injuries and the financial losses associated with them. Most of the time, the defendant will offer to settle for an amount that the defendant considers sufficient to cover your accident-related medical bills and lost income. At that point, your lawyer and the defendant’s lawyer simply negotiate until they arrive at a settlement amount that both parties consider acceptable.

It is in the defendant’s interest to settle with you for the amount you request. If the case goes to trial, then the judge can order the defendant to pay much more than you requested by ordering punitive damages. It is less expensive for everyone if the defendant pays you the money you need without going to trial.

Maybe You Do Not Need to Go to Court at All

Unless your injuries are very severe, an insurance claim may be all you need to get enough money to cover your accident-related financial losses. If the responsible party is a company, its policy limits are sufficient to cover hundreds of thousands of dollars per accident.

Contact Gerson & Schwartz About Car Accident Cases

A premises liability lawyer can help you get the money you need to cover your medical bills after a car accident without a big legal battle. Contact Gerson & Schwartz in Miami, Florida, to discuss your case.

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