Insurance companies often want to settle out of court. While an insurer would prefer not to have to pay anything to a claimant, they recognize that they can lose a large sum if they lose in court. Therefore, insurance companies generally find it acceptable (and even preferable) to settle out of court—that said, expect insurers to negotiate and try to limit their financial liability.

You may also prefer to settle as the claimant or plaintiff out of court. You and your Augusta personal injury attorney will be in regular contact, reviewing settlement offers and determining whether to file a lawsuit, go to court, or accept the best settlement offer you receive.

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Most Claims and Civil Lawsuits Settle Out of Court

Those who file insurance claims typically have the option of filing a lawsuit. Yet, the statistics tell us that, even if you file a lawsuit, it’s very likely that your case will settle out of court.

Some of the reasons why insurance companies often settle include:

  • The need to free up resources: Insurance companies only have many employees and attorneys to dedicate to their daily operations. The longer a claim is open, the more resources an insurance company has tied up in a case that can be resolved. Because trials typically take far longer than settling, an insurance company typically prefers to settle and move on from a claim.
  • The financial cost of going to trial: Trials take longer than settlement negotiations, so they are more costly. Even if an insurance company succeeds in court, the very act of going to trial can be a losing financial proposition.
  • The heightened financial risk that comes with jury verdicts: Trial itself is costly for insurers, but a trial becomes exponentially more costly when a jury sides with the plaintiff. An insurer might refuse to meet a plaintiff’s $200,000 settlement demands, only for a jury to award the plaintiff $800,000.

The data tells the story. The vast majority of claims and personal injury lawsuits settle out of court, so it’s clear that insurance companies consistently choose to avoid trial.

As the Claimant or Plaintiff, Should I Want to Settle Out of Court?

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You should not predetermine how you want your case to conclude. However, the ideal outcome for most claimants and plaintiffs is for an insurance company to meet your lawyer’s settlement demands (rather than going to court).

Plaintiffs and their attorneys often prefer to settle out of court because:

  • You may be in dire financial circumstances: Whether you were in an auto accident, slipped and fell, or suffered injuries under other circumstances, you can be staring down financial hardship and uncertainty. For many in such circumstances, securing a settlement as soon as possible is important. Rather than waiting months (or longer) for a trial to conclude, you may prefer to settle.
  • You likely want to move on from your case as soon as possible: Even if you are not under immense financial stress, you likely don’t want to deal with an insurance claim or lawsuit for longer than you have to. Settling is the most efficient path to resolving your case. You may accept and move on with your life if you receive a fair offer.
  • You face risks when you go to trial, too: Just as the insurance company faces added financial costs when going to trial, your attorney will, too. You may have to provide your lawyer a higher percentage (known as a contingency fee) if your case goes to trial, as they will need to cover their costs. You also face the risk that your lawyer does not win at trial or that a jury or judge awards you less compensation than you deserve.
  • If  liable parties are willing to pay you fairly, there may be no reason to keep fighting: You and your attorney will set out to secure a certain amount of compensation. If liable parties agree to pay this amount of compensation through a settlement, why keep the claim or lawsuit going? You will have achieved your goal.

All this being said, there are many circumstances where a claimant or plaintiff may choose to go to trial. Your lawyer will work with you throughout the claims and legal processes, helping you make critical decisions, including whether to sue or go to court.

Your Attorney Can Still Settle After Filing a Lawsuit

Before any case goes to court, an attorney files a lawsuit. There is a space of time between when a lawyer files a lawsuit and when a trial begins. During this time, consulting a personal injury attorney can continue negotiating a settlement for their client and may coax a fair settlement offer from liable parties.

You just need to understand that filing a lawsuit does not necessarily mean your case will go to court. In fact, filing a lawsuit can put pressure on an insurance company or another liable party to offer a fair settlement. After all, liable parties often fear the cost and risk of going to court.

An Attorney Will Help You Decide Whether to Take Your Case to Court

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You receive many perks when you hire a lawyer. Their ability to help make sound, self-serving decisions ranks among a lawyer’s greatest gifts to you as a client. Some of the decisions your attorney will assist with include:

  • Who to file one or more insurance claims against
  • Whether to accept a settlement from one or more insurance companies
  • Whether to file a lawsuit against liable parties
  • Whether to accept a settlement after filing a lawsuit
  • Whether to move forward to trial

You are never alone or in the dark when you hire a personal injury attorney. Your lawyer will handle as much of your case as possible. Because it is your case, you will be expected to make certain decisions. Your attorney will help you make those decisions confidently.

If Going to Court Is Necessary, You Deserve a Fearless Attorney to Lead You There

Harvard Law School’s Program on Negotiation explains that plaintiffs often overlook the cost of going to trial, which can be financial and non-economic in nature. However, it also notes that there are circumstances when taking a civil case to court makes sense, which includes:

  • When liable parties are “uncooperative”: It takes two to settle, and insurance companies and other liable parties are not always cooperative during settlement negotiations. Your attorney may present convincing evidence of fault and clear proof of damages. Yet, if liable parties aren’t willing to pay, a lawsuit (and possible trial) may be your only choice.
  • When you want attention for the case: You may feel that liable parties acted in a particularly egregious way or that you want to hold those parties accountable in the most public way possible. While these are relatively rare instances, these may be good enough reasons to go to trial.
  • When there are legal disputes: If your attorney and liable parties cannot agree about fundamental facts related to your case (like who caused a car accident, for example), you and your lawyer may decide to let a judge, jury, or arbitrator settle the disagreement.

Other circumstances may prompt you to pursue a court case. Your attorney will discuss the specifics of your case with you, helping you make any decisions that need to be made.

What Should I Expect If My Case Goes to Trial?

If your case goes to court, you will only have to continue to trust your lawyer. Just as your attorney will handle every responsibility leading up to a court case, your lawyer will represent you at trial.

Some court-related responsibilities your lawyer will handle include:

Creating a Strategy for Your Trial

Many of the materials your lawyer uses during settlement talks (like expert testimony, proof of fault, and documentation of your damages) may also be useful in court. However, your attorney may also need to:

  • Organize how they will present their case
  • Anticipate the defense’s case and prepare counterarguments
  • Determine in what order they will present and question witnesses
  • Prepare oral arguments

Trial preparation is often time-consuming, as your lawyer will want to present the strongest case possible.

Completing Depositions and Interrogatories

Your attorney may complete pre-trial question-and-answer sessions. These sessions may take place in person (depositions) or in written form (interrogatories). If you need to participate in either of these processes, your lawyer will prepare you.

Exchanging Case Materials with the Defense

Your attorney will request materials from the defense, and the defense may do the same. It will ensure each side is prepared for the other’s case.

Importantly, your lawyer may continue to negotiate a settlement until the point that trial begins, and perhaps after.

How Your Attorney May Secure a Fair Settlement Without Having to Go to Court

Before going to trial becomes a realistic option, your attorney will build a case in preparation for settlement negotiations. The sequence a lawyer generally follows when building an insurance claim includes the following:

Ensuring You Get the Treatment You Need

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Your attorney will ensure you get all necessary medical care so that:

  • You know you are safe from potential medical complications
  • You can establish the direct link between liable parties’ negligence and your injuries
  • There is thorough documentation of injuries, symptoms, and related medical services
  • Liable parties cannot claim that you are exaggerating your injuries or overvaluing your medical costs

You may get X-rays and other medical images, which your lawyer will secure copies of. Your attorney will also gather doctors’ notes, bills, and other relevant medical documentation.

Gathering Evidence That Proves Who Caused Your Injuries

Whether you were in an auto accident or another circumstance that led you to suffer injuries, your attorney will secure evidence proving who caused you to suffer those injuries. From eyewitness accounts to video footage, many types of evidence can lead to a settlement or judgment for you.

Documenting Your Injuries and Symptoms

Your attorney will work with your doctors and their own medical professionals to detail your injuries and symptoms. They will also detail the medical services you’ve received and will receive in the future because of your injuries.

X-rays, CT scans, MRIs, medical bills, doctors’ written diagnoses, and bills for rehabilitation services can all benefit your case.

Securing Proof of All Your Recoverable Damages

In addition to medical records, your lawyer may prove your damages using:

  • A mental health professional’s testimony, which can include diagnoses for post-traumatic stress disorder, depression, anxiety disorders, and any other pain and suffering you have suffered
  • Documentation of property damage, which can include bills for repairing or replacing the damaged items
  • Bank statements showing the value of lost income and other financial losses
  • Expert testimony about long-term professional damages and other types of harm

Such documentation is specific to each client’s circumstances, as no two cases are identical.

Calculating the Value of a Fair Settlement

With all necessary information about your injuries and damages, your attorney will calculate the financial value of your damages. It includes non-economic damages like pain and suffering, which attorneys are uniquely qualified to calculate because of their experience and technical training.

Your Attorney Will Then Fight for the Settlement You Deserve

Your lawyer will represent you in settlement negotiations, which often requires an attorney to:

  • Provide evidence of fault to insurance companies, as the determination of financial liability often hinges on who is at fault for a harmful event
  • Presenting all available documentation of your damages
  • Explaining how they calculated their settlement demands

Those who owe you compensation will likely try to avoid paying you all the money you deserve. Your attorney will be steadfast in their demands, countering all attempts to underpay you with objective facts, evidence, and documentation.

Damages Your Settlement or Jury Verdict Should Cover

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Whether your lawyer negotiates a fair settlement or your case goes to trial, you should receive fair compensation for:

  • Healthcare expenses
  • Lost income and other professional damages
  • Pain and suffering
  • Mental health services
  • Property expenses
  • All other economic and non-economic damages

You can trust a lawyer to evaluate your recoverable damages, execute your case strategy, and advocate for you at every turn of your case. Don’t wait to hire your personal injury lawyer, as there is generally a limited window for filing a personal injury case.

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