Should Your Attorney Settle Or File Suit In Your Personal Injury Case?

Involvement in any type of accident is often a traumatic, if not life-changing, experience. It’s not something that happens every day and most accident victims only want the event and its effects to be resolved as soon as possible and become a distant memory. What is obvious is that accident victims can’t go into battle alone, especially when some other party is at fault for causing some, if not all, of their injuries. Eventually the parties’ insurance companies become involved and potential accident plaintiffs will have to deal with the insurer of the defendant and quite possibly, its attorneys. This is why victims need the legal representation of an experienced personal injury attorney.

Before any lawsuit is filed, facts need to be clearly ascertained and evidence needs to be gathered. These things don’t happen overnight. Building a case requires a personal injury attorney to perform many tasks such as investigating the facts of the accident or event, locating witnesses, interviewing experts, drafting documents, and ultimately organizing evidence to possibly be used as trial exhibits if settlement doesn’t occur. Again, this takes time. Filing requirements, deadlines, and other important procedures need to be addressed and observed. An aggressive personal injury lawyer experienced in trying cases will expedite all of the aforementioned tasks and push your case to trial hastening the resolution of your matter. This is unlike other attorneys that may choose to hold out, even over some extended period of time, hoping for some eventual settlement offer.

An experienced personal injury attorney will calculate and determine a fair and just settlement amount but more importantly, gather all of the necessary evidence to substantiate this amount. This calculation will consider physical, mental, and psychological issues, as well as pain and suffering. Also considered are any life-changing circumstances including those related to making a living, and the effect of the injuries on the plaintiff’s marital and family relationships.

If the potentially liable party neither makes an offer in line with this calculation, nor demonstrates a potential willingness or likelihood to make a future offer in line or even reasonably close to this offer, then your attorney, armed with the necessary supporting evidence, may choose to file a lawsuit. Also, if the victim’s injuries are whiplash or soft-tissue injuries, the insurance company may be less inclined to make a settlement offer which may increasingly necessitate the filing of a lawsuit.

Finally, there are advantages to settling a case outside of court without filing a lawsuit. One benefit is the injured party or plaintiff incurs lower attorney fees and all associated legal costs. Also, the partyimmediately obtains money in settlement of his claims, thus avoiding the stress involved in a extended lawsuit that may continue for an uncertain and lengthy period of time. Settlement may also minimize the mental trauma of the accident by a quick(er) resolution and “laying to rest” of a potentially life-changing event. Life now continues on and the injured party may plan and look forward to the future. Perhaps the best aspect of settlement may be that it is a guarantee of a favorable outcome of the pursuit of a damages claim. Going to trial rarely, if ever, carries a 100% chance of success. Avoiding this risk and receiving some cash award may be crucial in some circumstances.

If you or a loved one has been injured in an accident, you need a personal injury attorney who will gather the necessary evidence to support your case and guide you to make important decisions in its resolution , whether it be by going to trial or settlement. Board Certified Personal Injury attorney Bryan Caulfield has decades of experience representing individuals in auto accident and all types of personal injury cases. Bryan Caulfield has experience settling cases and, if necessary, bring a case to trial. Schedule a free consultation with Board Certified Personal Injury attorney Bryan Caulfield today.