If you’ve recently been injured, then the most important thing you can do is hire a trusted personal injury lawyer to help you understand your legal rights. There are many difficult decisions that need to be made about your claim so that you can receive the compensation you deserve.
Rest assured knowing that you don’t have to face these decisions alone. A skilled attorney will help with your personal injury claim, giving you personalized advice about whether you should pursue negotiation and litigation. There are pros and cons to each approach, which is why it’s essential to consider your individual circumstances before deciding how to proceed.
In this article, we are going to take a look at both negotiation and lawsuits, helping you decide which option is best suited for your needs.
Negotiation for Personal Injury Claims
Just because you are filing a personal injury claim doesn’t necessarily mean that you need to go to court. Ideally, both parties involved can come to an agreement to settle the case without the headache and expense of court fees and high legal expenses.
Negotiation is the process of trying to reach a settlement with the at-fault party’s insurance. It typically involves back-and-forth communication and even several meetings to find a middle ground that both parties are satisfied with.
What are the advantages of negotiation in personal injury cases?
- Faster resolution
- Reduce legal costs
- Lower stress
- More control over the outcome
But there are a few potential drawbacks of negotiating a personal injury claim, such as:
- Potentially lower settlement compared to an award in court
- You need legal representation or professional negotiation skills
- The insurance company will use strategies to reduce payouts
Sometimes, the strategy is to attempt a negotiation first. Then, if you are unable to reach an agreement with the other party, you might decide to move forward with filing a lawsuit. Either way, the best strategy is to hire a personal injury lawyer to help with the negotiations, paperwork, court proceedings, and more.
Filing a Lawsuit for a Personal Injury Claim
If negotiations aren’t working or you don’t want to try this method, then the other option to consider is to file a lawsuit. This process involves legal paperwork that should be prepared by your attorney. Once the lawsuit is filed, then the court processes take over to dictate the proceedings.
There are benefits of litigation, depending on your circumstances. Some of the advantages of litigation include:
- Possibility to receive a higher payout
- The party at-fault will be held responsible for their actions
- The discovery process can help to uncover additional evidence
- Dispute resolution can be handled through the court system
On the other hand, there are disadvantages of lawsuits in personal injury claims:
- Lengthy process and delayed results
- Higher expenses for legal costs and court fees
- Increased stress levels
- Uncertainty about the outcome
There are times when filing a lawsuit makes sense, especially if the other party is unwilling to work with you to find a resolution. If you are considering a lawsuit, then the best thing you can do is reach out to a personal injury lawyer for assistance.
Which Pathway is Right for Your Personal Injury Claim?
Every situation is unique, which is why there isn’t a one-size-fits-all solution for every personal injury case. When you are talking to your lawyer about potential options, these are some of the things that will be discussed:
- Severity of Damages and Injuries: If you have severe injuries and/or expensive damages, then it might make sense to pursue litigation instead of negotiation. There is a likelihood of higher compensation by filing a lawsuit.
- Quality of Your Evidence: You need clear and strong evidence to build a case for litigation. If the evidence is weak, then it’s likely that your personal injury lawyer might recommend negotiations instead.
- Willingness to Negotiate: When you start having conversations with the insurance company, you will get a feel for whether they are going to be willing to negotiate. It’s best to let your personal injury lawyer handle these conversations because they have experience with negotiations. If the insurance company is being difficult to work with, then you’ll likely need to move forward with filing a lawsuit.
- Personal Preferences: Have an in-depth conversation with your attorney to determine which pathway is the best fit for you. Your personal preferences matter, especially because there can be a lot of stress and legal proceedings if you decide to pursue a lawsuit.
- Statute of Limitations: It’s essential that you pay attention to legal deadlines if you are planning a lawsuit. While there are situations where it makes sense to attempt negotiations first, you might want to jump to the lawsuit immediately if you are nearing the end of the statute of limitations.
Regardless of the method you choose to pursue, it’s best to seek legal advice before taking any action. Be careful about talking to the insurance company because this information could be used against you. A legal representative can offer recommendations to help you optimize the overall results.
FAQ
When to sue for a personal injury?
If you are filing a lawsuit for personal injury compensation, it’s essential to talk to your lawyer to see if it’s worth pursuing. Consider suing if you have serious injuries or if the other party isn’t willing to negotiate.
Tips for understanding your options for personal injury compensation?
Personal injury compensation is usually obtained through two options: negotiating a settlement with the insurance company or filing a lawsuit and taking the other party to court.
What is the statute of limitations for personal injury claims?
There is a legal deadline for filing a personal injury lawsuit, which varies by state. Usually, it’s between 2 – 4 years from the date of the accident.
Call to Talk to a Personal Injury Lawyer
If you or a loved one has been injured, then it’s time to talk to a personal injury lawyer to explore your options. Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. is here to help. Call us today to schedule a consultation to learn more about available services: (504) 522-2304.
