Will This Case Go To Trial?
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, then it is probably best to go to trial and let a jury decide.
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