If you have been in an accident caused by another party, you are likely saddled with piles of medical bills, debilitating pain, and lost work time. You need compensation for your injuries and wonder if you must go to court if you file a California personal injury lawsuit.
Many personal injury lawsuits never go to court because the plaintiff’s attorney settles with the insurance company. However, having your case reviewed by an Oakland personal injury attorney is essential to obtain a better idea if your case can settle before a trial. Learn more below about settling or going to court if you file a lawsuit.
When you are injured, going through a trial for weeks or months to get compensation can be daunting. You have so many personal, emotional, and financial issues to confront that you may not want to deal with going to court.
While about 90% of Bay Area personal injury claims settle, it’s best to have a lawyer who is prepared for trial in order to leverage a fair settlement. More aggressive trial lawyers like the lawyers at BV Law go to court more often than other firms because they expect better results for their clients. While your personal injury attorney will most likely be able to reach a fair settlement with the defendant’s insurance company before trial, beware of firms that never go to trial because they will have to take whatever the insurance company offers on your case.
Insurance companies are usually reluctant to offer you a fair settlement, at least right away. That is why they are rich and a lot of people are not. It is essential to work with a personal injury attorney with the skills and experience to win your case in court, if necessary.
Also, there is a difference between making a pre-litigation demand and settling a case after filing a lawsuit. Your lawyer should explain the differences and choose the right strategy for your situation, whether that be a pre-litigation demand, settlement after filing suit, or jury verdict.
If you go to court and the jury finds in your favor (i.e., if you win), you will probably get more compensation than a settlement. A settlement is usually a compromise to avoid risk. On the other hand, juries can favor personal injury victims when they were harmed by a bad actor or large corporation engaged in unfair business practices.
Your case also can bring light and public attention to a social issue that can bring about social change. You may have public policy reasons for a trial, as many settlements entail confidentiality.
Many lawsuits settle before trial because the plaintiff’s and defendant’s attorneys know that going to court is risky. The process can take months, critical evidence could be thrown out, or the decision could be appealed. That is why fewer lawsuits have gone to trial in recent years. As a result, settlements can be less risky and expensive and provide a speedier resolution of your claim.
Many lawsuits result in a settlement before the trial begins. The boutique law firm Bracamontes & Vlasak, P.C., possesses the experience and approach to maximize your personal injury settlement or award. Whether you settle or go to trial, their litigation attorneys are ready to help you.
Contact our Oakland personal injury attorneys at Bracamontes & Vlasak, P.C., to learn how they can help you with your injury case. Attorneys Michael Bracamontes and Ryan Vlasak serve Oakland, the Bay Area, and Northern California and will fight for your legal rights. Please call (415) 835-6777 to set up a free consultation.