Choosing The Right Path To Take: Settling Or Going To Trial

Knowing The Right Time To Settle

Until your attorney has a full grasp of what your future is going to look like, what we call maximum medical improvement (MMI), it is not an ideal time to settle. Knowing how long and what it will cost you to fully recover from your injuries, or knowing whether you will fully recover at all, will have a tremendous impact on the ultimate value of your case. But getting that knowledge takes time.

Having to wait to settle can be a problem for clients relying on settlement funds to survive. People have sometimes lost income from their injuries. They may have to pay to replace a totaled vehicle so that they have transportation. At the same time, their health insurance deductible may not have been met, and doctors are sending letters demanding payment. These are very real circumstances that create a paradox for the injured party.

As a law firm that represents injury victims, we are charged with your well-being and seeking the best outcome for you. Therefore, we look at the whole situation. I always advise my clients that they may need to wait to find out the true extent of their injury if they want to get as fully compensated as they can. Until you reach that point of knowing, your odds of maximizing your settlement are less than favorable. After determining the full extent of your injuries, it is a matter of putting together the documentation to convince the insurance company of the fact that they’re paying the proper amount. However, no case is just about money. In some cases, the distress from the threat of having their credit threatened can be a significant factor in when – and whether – to settle. In other cases, just the stress of the claim or lawsuit can be a factor. While we always recommend putting the best legal case forward (which often takes more time), we also recognize that our duty to our client may extend beyond just money. Sometimes, outside factors may be a major consideration that lead to an earlier-than-ideal settlement. We commit to listening to these factors and counseling you on them.

Knowing When To Go To Trial

As previously said, the two main elements in every personal injury case are: liability and damages. When the liability is in dispute, you more likely to have to go to trial – and cases that go to trial on issues of liability are more difficult to settle than cases where we’re disputing how much the injuries and future treatment are worth.

Damages are disputed in almost every case – but disputes related to liability might have the insurance company questioning, “Do we have an obligation to pay at all?” This is because if the jury determines that the injured party is at least 50% at fault, the injured party does not recover anything. So, in a 50/50 type case where it could go either way, that creates an issue.

These are the risks that an experienced personal injury attorney evaluates. We always counsel our client on all offers of settlement. In doing so, we evaluate the risk of loss – or simply that the jury may reduce the damages award because they find that our client was partially at fault. Ultimately, the decision is always up to you. It is our job as your attorney to guide you through the process and give you the best counsel we can, no matter what happens along the way.

With the guidance of a skilled attorney for Personal Injury Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy. For more information on Personal Injury Law In Indiana, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (812) 359-8007 today.