Another area of concern for those who are injured and in need of compensation for their injuries is whether their case will go to trial or not. You may get a sense of this early on depending on the steps your personal injury attorney takes. A savvy, experienced personal injury attorney knows that a good first step is to always send a ‘demand’ to the insurance company for compensation. This will begin the dialogue.
Of course, the severity of your injuries will be a factor and there are situations in which you may not want to settle until you have a clear understanding from your doctors regarding your prognosis and the kind of ongoing or lifetime care you may need.
If your personal injury attorney’s communication with the at-fault party’s insurer seems to indicate that they will be offering an unacceptably low amount of compensation; or perhaps refusing to acknowledge their liability, then it will be necessary to file a lawsuit at the courthouse. Once this litigation phase begins, the case may continue on to trial or the parties might decide to work with a mediator in a mediation process. If the parties decide to go this route, then the injured party and their attorney will sit down with the other party before a third party mediator who will officiate the negotiation as a neutral party who has no interest in the outcome. Mediation is a commonly-used method of avoiding trial, but if the at-fault party is unreasonable, it is probably best to go to trial and let a jury decide.
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