What Are The Benefits To Settling My Claim Versus Going To Trial?
The benefit of settlement of a claim versus going to trial is that it adds certainty both for a client and also for the other side. Otherwise, it is a roll-the-dice situation. You would have to wait a lot longer and you do not know what the jury is going to say. They are an incredibly fickle bunch. If the other side does not like the result, they always have the option of appealing. We then have another year-and-a-half down the road even if you win by the time you go through the appellate process. If you go to trial, your costs are going to greatly increase because now we have to pull an expert quite possibly from out-of-state. We might have to get depositions from doctors or testimonies from doctors, depending on what type of case it is, or an accident reconstructionist for auto accidents. It can be very expensive to actually go to trial.
A lot of people decide that they do not want to go through that. I have a case that is in the process of settling. Quite frankly, the case is probably worth twice what the client is settling for. But she is 84 and she does not want the hassle and let’s be honest, she is 84. I had another case, again, which probably settled for about half of what it was worth. The guy was 76 and he had open heart surgery. Although it means less money to me, the less that it is settled for, in those cases, it was better for the client to take less money. It is ultimately the client’s decision what they want to do.
Does A Serious Injury Ensure The Likelihood Of A Larger Settlement In My Personal Injury Case?
There are two factors which are important to ensure the likelihood of a larger settlement in a personal injury case. One is the severity of the injury, and also whether there are any residual and permanent impairment. For example, you will get more out of a broken arm than a broken finger but you will get even more if, as a result of the broken arm, you have a residual disability which could be extensive or might not. If it is extensive then you can argue that although the injury is healed, there is a permanent.
What About Pre-Existing Conditions? How Do They Impact My Personal Injury Claim?
Pre-existing conditions can impact your personal injury claim. They may limit it, but it certainly does not make it impossible. There is exacerbation of a pre-existing injury. In other words, you may have a relatively infirmity from some old injury and then, if you fall on it, everything flares up, and things are a lot worse. The fact that you had the injury before will certainly influence things in that the severity of the injury, which might not have been so bad if you did not have that condition. But it does not rule you out of the box, so to speak, at all.
What Sets Your Firm Apart Or Makes You Particularly Suited To Handling Personal Injury Cases?
What sets my firm apart or makes us particularly suited to handling personal injury cases is that I practiced for about 20 years as a veterinarian. I have some common sense as to what really is realistic and what is not. I remember one case working with another attorney and someone was running and he just ran into a barrier. His comment was, “I am sure we can blame somebody on that”, and I was thinking, “I know who is to blame, it is the guy that ran into the barrier”. I think that some attorneys seem to have a more academic head in the clouds kind of “Let’s make a case out of this”, and maybe there is a case there but maybe there is not. I want to work on behalf of the client and not give them false hope. If there is a genuine case, then I will personally go to the wall for them.
I have been around the block. I know what the insurance companies are going to say. I have also, incidentally, been the state prosecutor, so I know all about people swearing to tell the truth and lying. I know what to expect. I know all the tactics. I usually take these cases on contingency, and the more money I get for my client the more money I get. But at the same time, I will take the client’s interests into account oftentimes over and above my own.
For more information on Benefits Of Settling A Personal Injury Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407)-228-2131 today.