Media post: How to Ensure Your Personal Injury Case is Resolved Before Trial

If you are about to file a personal injury case, you are probably picturing a court proceeding before a judge or jury. However, this is the last thing you want when fighting for compensation. 

Taking your case to trial means spending more money and taking more time off work. There is also no guarantee that a judge or jury will award you the compensation you are after. 

Fortunately, 95% of personal injury cases are resolved before trial. If you want to avoid becoming part of the remaining 5%, the following steps can help you resolve your personal injury case faster. 

Document Your Entire Case

It cannot be stressed enough how much you must focus on documenting your case. Documenting means gathering all evidence related to your case. Crucial evidence includes:

– Medical records: Ideally, you should have received medical attention immediately after sustaining your injury. This means going to the ER after an accident or work-related injury.

When you are treated for your injury, the treatment details go into your medical records. Essentially, this establishes a link between the incident and your injuries.

Medical records can also help establish the extent of your injuries and their associated costs.

– Photos and videos: It would also help if you took videos and photographs of the site of the incident. For example, a video of an accident scene can help absolve you of blame. Photos of a wet floor without a warning sign will help demonstrate the other party is to blame for your injury.

Photos and videos can help paint a clearer picture of any incident and how it impacted you personally.

– Witness statements: If other people witnessed the incident, your lawyer will get their testimonies (if you have not already done so). Witness accounts can confirm your version of events, adding credibility to your case. 

A well-documented case makes it easier for your lawyer to build a strong case. This increases the likelihood of settling outside of court. 

Hire an Experienced Personal Injury Attorney

Speaking of a lawyer, hiring an experienced personal injury attorney should be the first thing on your list after an incident. 

A skilled lawyer is often all you need to quickly resolve a personal injury case. This is mainly because personal injury lawyers know everything there is to know about personal injury law and are excellent negotiators. 

When looking for an attorney to help you, choose someone with a proven track record in handling personal injury cases. They should be experienced in both negotiation and litigation. 

Having this experience will allow them to push for a settlement while still preparing for the possibility of a trial. 

Even better, your lawyer will take over all communications and negotiations with insurance providers and the defendant’s legal team. They will prepare for any delay tactics the opposing side may use and work on a strategy to counter them. 

Pre-litigation Negotiations

Your lawyer will discuss settlement options with the relevant insurer and the defendant’s lawyer. These discussions will ensure a fair settlement covering all your post-injury expenses. 

Your lawyer will present the strongest parts of your case to push for a settlement. They will also highlight the risks of going to trial (for the defendant). Either way, insurance companies are always looking to settle outside of court. It is your lawyer’s responsibility to ensure that the insurance provider agrees to the settlement you want. 

There will be some back and forth before a settlement is reached. 

What Happens If No Settlement Is Reached?

Even if you don’t reach a settlement, all is not lost. Your lawyer may suggest getting a mediator to help advance discussions. 

Mediation is often easier to communicate when a mediator is present. It allows for more creative settlement solutions without having to file a formal court case, and it allows both parties to express their concerns. 

Another benefit of mediation is that the entire process is confidential. Often, nothing discussed or revealed during mediation can be used in court. 

Always Be Realistic

It is important to stay realistic throughout the process. If you make unreasonable demands, the settlement process can be delayed. 

Instead, work with your lawyer to understand what your personal injury case is worth. The value of your case is dependent on how serious your injuries are. It is also based on the legal precedent in similar cases. 

Your lawyer can help you evaluate your settlement offers and decide whether they are reasonable. 

Playing hardball, so to speak, is not necessary when you have a good lawyer. Your lawyer will fight on your behalf and advise you on the compromises needed to resolve your case. 

Stay Prepared for Litigation

Chances are your lawyer will prepare your case so that it is ready for court anyway. It is always a good idea to be prepared for trial, even if you are working towards a speedy settlement. 

Your lawyer can even use the prospect of a court case to pressure the defendant to settle fairly. 

You are also advised to stay involved throughout the legal process. Do not expect to hand over everything to your lawyer and then sit back and relax. Being actively involved means you get to make better decisions. It can also help you decide what your ultimate settlement goal is. 

Knowing exactly what you want to achieve can improve your lawyer’s approach in negotiations. 

Be Patient

You want to settle outside of court (ideally), but this does not mean your case will be resolved overnight. The opposing side may stall, or your lawyer may discover the insurance company is not negotiating in good faith. 

This and several other reasons can delay a resolution in your case. In this instance, your lawyer may suggest filing a lawsuit. The filing does not automatically mean your case will go to trial. However, it may spur the opposing side and prompt them to make a better settlement offer. 

Never Rush Through the Process

Rushing through the legal process will likely end in you accepting a far lower settlement than you wanted. You must stay patient and realistic throughout the process and listen to your lawyer’s suggestions. 

This will allow you and your lawyer to work systematically towards a settlement you deserve, covering all the expenses incurred after your injury.