Why Many Personal Injury Cases Settle
After a car crash or other incident giving rise to a personal injury claim, many injury victims imagine that they’ll have to go to court to collect compensation from the party responsible for their injuries and legal damages. In reality, however, this rarely happens. The fact is that most personal injury cases settle out of court, sometimes without the need to file a lawsuit at all. Below we discuss why settlements are the norm and why this outcome is often the best result for both parties involved. If you have been injured by the negligence of another in Beaumont, Southeast Texas or statewide, contact the Gilbert Adams Law Offices to speak with an experienced Texas personal injury lawyer with a record of success in jury verdicts as well as out-of-court settlements.
Settlements Are Faster
Settlements offer a quicker resolution than protracted court battles. Litigation can be time-consuming, often taking months or even years to reach a trial date. By settling – assuming the settlement offer is fair – parties can resolve the dispute faster, providing plaintiffs with the financial relief they need to cover medical bills, lost wages, and other expenses.
Settlements Can Reduce the Expense of Litigation
The financial burden of litigation can be significant. Filing fees, depositions, expert witness costs, and other litigation expenses can quickly add up.
Settlements Offer Certainty
Trials are inherently unpredictable. Sometimes settlements can end up being higher than what is likely after a trial. Settlements provide a degree of certainty, allowing both parties to negotiate terms they find acceptable without the risks associated with a jury’s decision.
Settlements Allow the Parties to Control the Outcome
In a settlement, both parties have more control over the outcome. They can negotiate terms that are mutually agreeable rather than leaving the decision entirely in the hands of a judge or jury. This control allows for creative solutions that might not be available in court, such as structured settlements or agreements tailored to the unique circumstances of the case.
Knowing When to Settle Is Key
In most instances, an insurance company is on the other side of the settlement process. Their primary goal is to minimize financial loss, which often leads them to make a settlement offer very quickly, before the victim has spoken to a lawyer. Other times, they might drag their feet, denying liability, disputing the injury, and drawing out the process to wear down the other party. In either case, legal representation is essential to resolving the case at the right time on the most favorable terms.
Insurance adjusters carefully evaluate the strength of a plaintiff’s case when considering a settlement offer. Factors such as the clarity of liability, the extent of injuries, the ability to prove the injuries were caused by the trauma, and the likelihood of a sympathetic jury are all taken into account. If the insurer believes the plaintiff’s case is strong, they are more likely to offer a settlement to avoid a potentially larger payout after a trial.
None of this happens without an experienced plaintiff’s attorney representing the victim. A skilled attorney is crucial in maximizing settlement value. They gather evidence, assess damages, and present a compelling case to the opposing party. With expert negotiation skills, attorneys can often achieve settlements that reflect the true value of a plaintiff’s claim, ensuring fair compensation for injuries sustained. And they have the reputation of going to trial if necessary. Settlement offers made to unrepresented parties are never as high as what an experienced lawyer can achieve.
Experienced personal injury attorneys often advise clients to consider settlements as a pragmatic option. Attorneys understand the complexities of the legal system and can provide valuable guidance on the potential risks and rewards of proceeding to trial versus settling. With their expertise, lawyers can negotiate favorable settlements that adequately compensate clients for their losses while avoiding the uncertainties and risks of a trial.
Legal battles can be emotionally draining for plaintiffs. Reliving the trauma of an accident during depositions and court appearances can be stressful. Settlements provide a way to avoid these emotional challenges, allowing plaintiffs to move on from the incident more quickly.
Settlements can also offer privacy benefits. Unlike court trials, which are public records, settlement agreements can include confidentiality clauses that protect the details from public scrutiny. This privacy can be an essential consideration for plaintiffs who prefer to keep their personal affairs out of the public eye.
Contact Gilbert Adams Law Offices for Help With a Personal Injury Claim
Most personal injury cases settle because settlements offer a combination of the lawyer’s experience and reputation, certainty, and avoidance of costs. While every case is unique, and some may warrant a trial, fair settlement offers can provide a balanced resolution that meets the needs of both parties. At Gilbert Adams Law Offices, our commitment is to guide clients through these decisions, ensuring they receive the compensation they deserve while minimizing stress and uncertainty. Our team has built an impressive record of both verdicts and settlements so you can be confident you have found a law firm that will represent your interests and seek the best solution in your circumstances.
If you or a family member has been injured in Beaumont, Southeast Texas or statewide, call Gilbert Adams Law Offices at 409-835-3000 for a free consultation to explore your options and secure your future.