How Do Personal Injury Lawyers Settle out of Court?
If you were seriously injured, the last thing you want to do is enter into lengthy legal proceedings and go to trial. Thankfully, most personal injury claims don’t actually proceed to trial. The majority of these cases are, in fact, settled.
Let’s take a look at the various steps that personal injury lawyers take to facilitate negotiations with claims adjusters so they can help clients settle out of court:
1. Conduct a Thorough Investigation
A resourceful legal team will investigate the circumstances surrounding the accident thoroughly. In addition to revealing who was responsible for the incident, this investigation should yield the evidence needed to prove as much.
Such proof will play a critical role in the outcome of your claim. If you present sufficient evidence of the at-fault party’s liability, the insurance carrier should be more inclined to offer a fair settlement because they’ll know if you proceed with litigation, your case will likely hold up in court.
2. Track All Recoverable Damages Diligently
If you cannot prove that you actually incurred the damages for which you’re seeking compensation, the opposing party will have no reason to settle out of court. As such, your legal team will request your help in tracking your losses.
For example, you’ll be instructed to send your injury attorney all the bills, invoices, and receipts that correspond to the expenses you incur as a result of the accident. You’ll also be instructed to keep a personal injury journal in which you write about your non-economic damages, like pain and suffering, emotional distress, and loss of enjoyment in life.
3. Prepare the Case for Court
It may sound counterintuitive but preparing your case for court is a surefire way to facilitate the negotiations. Doing so will let the opposing party know that you’re determined to see your case through to the end, and if they want to avoid the hassle of going to trial, they’ll have to offer a fair settlement.
Keep in mind, however, that threatening litigation will only pressure the opposing party to settle if the statute of limitations has not yet passed. In Florida, personal injury claimants generally have four years from the date on which they were hurt to proceed with a formal lawsuit. Should they attempt to file a suit after this deadline has passed, the court will likely dismiss the case.
Discuss Your Claim with a Personal Injury Attorney in West Palm Beach
At Donaldson & Weston, we understand the physical, emotional, and financial toll that unanticipated injuries can take on the whole family. If you think you have grounds for a personal injury claim, we’ll evaluate the situation and help you determine the most strategic way to proceed.
Our resourceful team has recovered more than $100 million for clients in successful settlements and trial verdicts. Call 561-299-3999 or fill out our Contact Form to schedule a free consultation with a personal injury lawyer in West Palm Beach.