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You are here: Home / Articles / Does Having a Personal Injury Case Mean You’ll Go to Court?

Does Having a Personal Injury Case Mean You’ll Go to Court?

May 7, 2019 by Sam H.

Does Having a Personal Injury Case Mean You'll Go to Court

Personal injuries can devastate a person and leave them floundering to find answers. When a person’s injuries are caused by someone else, the process of seeking fair compensation can sometimes lead to greater stress. Many people wonder if they will need to go to court and how to hire a Houston personal injury attorney to stand up for and successfully settle their case. While court is certainly an option, it is not the only option available.

What Is a Personal Injury?

A personal injury is one that is done to the body rather than property. Personal injuries can occur due to negligence or direction actions. The one who caused the individual’s injuries can be held accountable for the measurable damages that resulted.

Some injured victims find it necessary to hire injury lawyers to help them in their pursuit. Hiring a Gainesville, GA Personal Injury Attorney, or one in your area, gives the individual legal options for settling their case in a fair and timely manner. The lawyer guides their injured client in making pragmatic decisions that will help them settle in the fairest way possible.

Do All Personal Injury Cases Go to Court?

It is important to note; not all personal injury claims go to court. This is especially true of car accident claims involving insurance companies. Around 5% of all personal injury cases head to court. The rest are settled outside of the confines of the court.

When a personal injury case does go to court, there is a trial process that must take place. Most personal injury claims involving insurance companies are settled outside of court because the insurance companies have the money to pay and do not want to lose control of the claim.

The ability to avoid a court case will depend on both parties and their willingness to come to an agreement. Sometimes, mediation meetings are held between the two parties in an attempt to see if a fair settlement can be reached in a timely manner.

How Can Court Be Avoided?

Many injured victims shy away from hiring a personal injury lawyer because they erroneously believe this will mean they are required to go to court. There are two main criteria that must be met in any personal injury tort. If the injured party has substantial evidence to prove liability and measurable damages, the other party in the case is going to be more likely to want to settle because they know the evidence is not on their side.

Hiring a lawyer ensures an extensive investigation will be launched for the gathering of evidence which is vital in any personal injury claim. Often, the negotiation process is easier when a lawyer is on-board and guiding their client.

Most people do not want to face a long, drawn-out court battle and who can blame them. Avoiding court, in most cases, is beneficial to everyone involved. When court cases are avoided, the costs go down.

Conclusion

Not all personal injury cases end up in court and most are able to be effectively settled without the intervention of a judge and jury. To ensure a fair settlement is reached, it may be beneficial for injured victims to at least seek guidance from a lawyer so they can discover more information on their rights and the legal recourse options they have available to them. In any personal injury claim, time is of the essence due to the constrictions of the statute of limitations.

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