There are many factors that contribute to whether a personal injury case settles after depositions. Generally speaking, a personal injury case can settle at any time during the case based on the strength of both sides presentation of the facts involved.
For example, an insurance company may not wish to settle if they feel they have not been presented with an adequate reason to do so, or conversely, if the evidence overwhelmingly demonstrates that their insured is at fault and the damages warrant a reasonable settlement. Courts, judges and the legal system generally always favor settlement because litigation, trial and settlement can be risky. In other words, the parties involved may wish to settle before money has been invested in expensive legal proceedings. If the settlement compensation for your injuries is not enough, it may be advisable to try the case but you should consult with your attorney before making this decision.
The likelihood of a personal injury case settling for top dollar increases when the facts of your case are presented in the best way for a jury to understand them. This happens when you use expert legal counsel, like the skilled attorneys at Carpey Law, who have been doing this for over 30 years. If you have a personal injury case, contact our law firm so that we can assist you.
How Long Does a Personal Injury Case Take?
The length of a personal injury case varies from case to case. One factor that affects the length of a lawsuit is dependent on the time it takes to collect the factual evidence, how long the injury takes to heal and how long the medical treatment continues amongst other factors. It also takes time for the court to assign a trial date. We have written extensively on this subject and have detailed the possible timeline for a personal injury case here.
Here is the process of a typical personal injury case:
- Investigation of Facts – This includes photos, taking witness statements, investigation of the scene and other collection of factual evidence.
- Seeking Medical Treatment: This should be done based on physical needs from the moment of the accident to the end of the case.
- Acquiring Legal Counsel: You should contact a skilled personal injury lawyer like Carpey Law to represent your case. We have written a free book about how to hire a lawyer.
- Background Investigation: Carpey Law will investigate your claim from the very moment we are hired and then proceed to investigate the scene, check and finalize your repair bills, medical bills and lost wages, and generally collect the documented evidence necessary to make our case.
- Negotiation and Demands: From every step of the case, up to trial, Carpey Law will communicate with the other side regarding the possibility of settlement.
- Litigation: This occurs once you and your lawyer file a personal injury lawsuit to the court.
- Discovery: This is the stage of the case where the parties collect and evaluate evidence and assess the claims.
- Mediation: Often parties will agree to mediation as opposed to trial. This happens once discovery is finished, when the parties may attempt to resolve the case through mediation or settlement negotiations with the assistance of a third party mediator.
- Trial: If your case goes to trial, the risk is you may receive more by way of a verdict, or less than the last settlement offer. Before going to trial you should consult with the experts at Carpey Law who are trial lawyers.
Can Personal Injury Cases Settle at Mediation?
The answer is yes. The success of a mediation, or, put differently, the chances of a mediation resulting in a personal injury case settlement, depends on many factors including evidence, liability and damages. While mediations technically can occur at any time during the lawsuit, they are more likely to occur after the discovery process has concluded.
How an Experience Personal Injury Lawyer Settles a Personal Injury Case
The driving factors to settling a personal injury case include severity of the damages, past and future medical bills, past and future lost earnings, pain and suffering, and emotional, mental, or physical pain you experienced in your case.. An experienced personal injury lawyer will use these factors to evaluate and settle a case.
However, it is important to remember that hiring your own legal counsel to negotiate with the insurance company may benefit you instead of attempting to settle your own case. We wrote a book on this subject too, and you can read about why it is not advisable to settle your own personal injury case here.
Do Most Personal Injury Cases Get Settled out of Court?
Statistically most litigation of all types settle without trial because the risks are high and the trial can be expensive. If the case warrants a trial and our clients want it, Carpey Law will eagerly take your case to trial.
Contact our personal injury attorneys and get the best possible settlement.
Stuart A. Carpey, who has been practicing as an attorney since 1987, focuses his practice on complex civil litigation which includes representing injured individuals in a vast array of personal injury cases.