While the large majority of civil cases ultimately end up in settlement based on personal injury settlement statistics, many have to be formally filed in court, and some have to make it to trial. A few cases actually go all the way to a trial decision because an agreement on how to resolve the matter is not possible. The effectiveness of settling personal injury claims by choosing to litigate is frequently a result of expert work one can obtain from a legal firm like the Boyack Law Group and their negotiation skill.
What is Litigation?
The process of filing the lawsuit and formal hearing procedures encompass the litigation side of things. The litigation process involves numerous documents, meetings, depositions, technical hearings, and eventually the trial itself if taken to fruition.
However, it is not always necessary; the art of effective litigation involves using the fear of trying to encourage a settlement instead of a trial, which applies to both sides. A settlement can incorporate some advantages for both sides to walk away with; a trial, however, only has one winner and one loser.
How to Know if it is Advantageous to Litigate a Personal Injury Case
Much of whether a personal injury case has strength for litigation, creating the pressure for settlement possibilities starts with a legal expert evaluation by a personal injury litigating attorney. From experience, knowledge of the law, and the case facts — the attorney can make an initial estimate of what might likely happen with a case personal injury verdict vs settlement.
Where a case is strong and has a significant potential for winning, the attorney will recommend filing a lawsuit. If, on the other hand, the case is weak, the attorney may still find a potential for negotiation of a settlement, as the fear of a trial can convince parties to settle anyways to be sure a potential claim goes away. It is often seen as the lesser cost option when a claim is likely to undergo litigation.
How to Know Settling is the Right Move
A lot depends on whether the settlement can restore the victim to the status quo and addresses the need to help the victim going forward. In personal injury cases, the obvious remedies involve coverage of medical care, recovery, and financial loss such as missed income or inability to earn in the future due to the injury. However, additional recoveries in settling personal injury claims can include mental impacts such as pain and suffering as well.
If a settlement offer is in discussion or agreed to cover expenses and meet future needs, there is a strong argument to consider it. An agreed-to settlement is a sure thing; it is one of the key benefits of settling out of court. At best, a trial win will always be a possibility only.
How an Attorney Can Help Decide
An expert Las Vegas personal injury lawyer has the depth and understanding from practice to see the strength of a personal injury case and where it will likely have the greatest strength. A victim of an injury caused by another party should always start with this resource first before making any other decisions on accepting recovery benefits or similar for the parties involved or anyone else. Doing so could waive any legal recovery right prematurely otherwise.
The Boyack Law Group can help in this regard. A personal injury attorney in Las Vegas can litigate for clients. The Boyack Law Group can handle the most challenging of cases and guide to a settlement or trial as needed. Without such help are practically leaving your viable options on the table for the other parties to take advantage of.
Do not be another injury statistic; get your life back properly and effectively. Call us now to consult whether to litigate or settle!
Please call Las Vegas Personal Injury Attorney Bryan Boyack at the Boyack Law Group for more info on how we can help. Call now