Settling Personal Injury Cases Without Going To Trial.

February 28, 2014

Many television shows and movies depict personal injury lawyers as constantly bringing cases to trial.  In reality, very few Buffalo personal injury lawsuits go to trial, and personal injury attorneys do most of their work outside of the courtroom.  Although a good personal injury lawyer must be prepared to take a case to trial when necessary, many cases can be successfully resolved without the expense and risk involved in trying a case.

In almost all cases, the process of trying to obtain fair compensation for damages begins before the matter is even formally sued.  Typically, a lawyer will speak with the insurance company of the person who caused the injury, provide them with information regarding the injury and its cause, and attempt to negotiate a settlement without having to ever go to court.

Even when a personal injury case cannot be settled this way and a lawsuit is filed, an experienced personal injury lawyer will remain in contact with the attorneys for the defense and the insurance company to see if the matter can be resolved.  In many cases, the defense will still be willing to settle a case short of trial.  While an injured person may want to avoid a trial because of the risk of a jury deciding they are not owed anything in damages, the defense also faces the risk that a jury will grant the injured party more in damages than they would have settled for before trial.  As a result, the defense is often still willing to negotiate after the lawsuit is begun, especially if the evidence is stacking up against it.

If you have suffered a personal injury and need legal advice, please feel free to call us at 716-400-0000.