Free Consultation (70) 382-0000 With more than 33 years of experience fighting for personal injury victims in the Las Vegas Valley, attorney Adam S. Kutner knows how to manage the Nevada court system and how to get clients to a settlement quickly and smoothly. In reality, most attorneys will recommend reaching an out-of-court settlement when it's a viable option. In addition, when you give someone else or part of the lawsuit documents, your attorneys may respond with a settlement offer, such as monetary compensation, an agreement to accept liability and medical expenses, or something else. The fact is that the vast majority of accident and injury cases are resolved out of court.
Lawsuits will take much longer to reach a final judgment and many times a plaintiff doesn't want to wait that long when an agreement is reached on the table. The most appropriate time to bring a case to trial is in an extremely serious injury case, where there is no possibility that the plaintiff will be charged with any personal fault in the accident, and there is a high probability that the jury will award damages far outweigh the offer made to reach an out-of-court settlement. Jurors often approve more significant financial awards than those submitted to reach a settlement, and financial recovery after an accident is a serious consideration. When it comes to a personal injury case, you may ask yourself: Is it better to reach an out-of-court settlement? Deciding whether to settle a personal injury case out of court or bring it to trial is critical.
This choice can dramatically affect the speed, cost, privacy, and potential compensation of your legal resolution. Is it better to reach an out-of-court settlement? This is a crucial decision when you receive a settlement offer in a personal injury case. Defendants usually propose settlements after the plaintiff files a claim, allowing you to accept the offer or proceed to trial. Plaintiffs should know that, if the defendants want to reach an out-of-court settlement, it may be because the plaintiffs have an excellent case. Sometimes, defendants seek to limit the damages that could be awarded to the plaintiff in court by offering a lower amount than the court could award.
Deciding whether to accept an injury claim settlement or take an injury case to trial can be a very difficult decision for some injured plaintiffs and a relatively easy decision for others. It is also true that you could receive more damages than you would receive if you reached an agreement, but many lawyers will warn you that you should not assume that you will get what you are looking for if you bring a lawsuit to court. In fact, the Department of Justice reports that 97% of all personal injury claims are resolved out of court. The first and main advantage of reaching an injury claim settlement is that the case will conclude, resulting in the release and dispersion of claim funds.
Other cases, such as insurance claims for a car or other accident, are normally resolved out of court and can only be brought to court if the claim is unfair to the injured party. Likewise, attorneys must bill for hours and pay for services related to the costs of taking statements. For example, both of you could approach the negotiating table and find irreconcilable ground between you and the plaintiff or defendant. A settlement, on the other hand, is quite predictable as a practice, and your lawyer should be able to judge how the discussions will unfold before you set foot in a meeting room.
We can also defend you in court if, for one reason or another, it's not possible to reach an out-of-court settlement. In this circumstance, both drivers may be less willing to reach an out-of-court settlement, considering that the other driver is more or more at fault for the incident. Whether or not your attorneys recommend reaching an out-of-court settlement will depend on the factors affecting your case, your experience, and your confidence in being able to provide sufficient evidence to convince the judge or jury of your version of events. Skilled attorneys can advise you one way or another and determine if an out-of-court settlement or a full lawsuit is the right long-term option. Personal injury cases can be complex, and the decision to settle or proceed to trial is not an easy one.
They can do better if they convince the other party to reach an out-of-court settlement that suits their needs.