Most personal injury cases in Minnesota are resolved before going to trial. This is often done through a process known as mediation. During mediation, lawyers for both parties try to reach an agreement that is acceptable to both parties. While most personal injury lawsuits are resolved out of court, there are some cases where a personal injury lawsuit can end up going to court.
Sometimes, even an experienced personal injury lawyer cannot predict the insurance company's unwillingness to reach a settlement agreement and the corresponding willingness to go to court. The litigation phase begins when you and your lawyer file a personal injury lawsuit in court. The filing of the lawsuit sets the clock on when the case could go to trial. Each state's pretrial procedures are different, but it will generally take one to two years for a personal injury case to go to trial.
Keep in mind that a lawsuit must be filed within the strict time limits that each state has set out in a law called a statute of limitations. Personal injury lawsuits are often the last resort in the claims process. Plaintiffs always have the option of filing a lawsuit against another driver for a car accident or against a property owner for a slip and fall, but most prefer to resolve their case out of court. Most people only go to court when they have to, for example, for a criminal trial, divorce, or custody dispute.
That same fact can apply to personal injury trials. Plaintiffs are often nervous about having to speak before a judge, worried about making a mistake. One of the benefits of settlement negotiations is that you and your lawyer are free to decline any offer. If you go to court, you must accept what the jury gives you.
The downside to a jury verdict is that you have no guarantee of winning. This means that you could be awarded more than what the insurance company offers, less or nothing at all. If the other party to your case doesn't agree that it caused your accident and personal injury, you may have a disputed claim. Liability disputes increase the chances of a case going to trial, since a settlement depends on both parties agreeing with each other.
Agreements are achieved by communicating, committing and agreeing on an amount of money that will solve the problem. If both parties cannot agree on who is responsible for causing the accident, the case can end up before a judge or jury. A jury will hear both parties to the case and determine fault based on the facts and evidence presented. A personal injury claim can be resolved through a settlement or trial.
Going to a personal injury trial is like playing with a wild card in the deck because the level of uncertainty is high. In any case, however, your odds of obtaining generous compensation are better if you hire an experienced personal injury lawyer. Stracci Law Group, headquartered in Crown Point, Indiana, handles personal injury claims of all types. They help establish the costs you have faced as a result of your injuries and can serve as the basis for your entire claim.
If you've been injured in any type of accident that looks like it was someone else's fault, you may be wondering what to expect in a typical personal injury case, including how long it takes. If you have legal questions after suffering a personal injury, the Minneapolis personal injury lawyers at TSR Injury Law are here to answer them. Work with a Richmond personal injury lawyer to improve your chances of achieving a successful settlement for your personal injury case. As such, personal injury trials will involve both parties presenting and cross-examining evidence in the case, including witness statements, expert testimony, photos of the accident, and surveillance footage.
Most people imagine important court trials with a judge and jurors when they imagine a personal injury case. These laws only apply to personal injury trials, so a jury can use them to reduce the amount of money the plaintiff receives. On the plaintiff's side, a settlement may be more attractive because it's faster and less costly than a personal injury trial. In some cases, the insurance company may try to claim that you couldn't have suffered as serious injuries as you claim in the accident.
Your medical bills can be critically important as you move forward with your personal injury claim. You can handle a small personal injury claim yourself (as long as you are comfortable with the process and are sure you can get a fair outcome), but you will absolutely need an attorney for any personal injury claim where you have suffered a significant injury, or the other party is struggling on issues key. If you've suffered an injury in Northwest Florida, you need an experienced Florida personal injury lawyer on your side. .