Local 215.825.5183Toll Free 877.825.8542

December 22, 2014

Will my Personal Injury case go to Trial?

court gavelMany injured victims are hesitant about pursuing a personal injury claim against the responsible party because they have seen the dramatic trial scenes on television and in movies. However, in real life, trials are not nearly as dramatic as they are portrayed for entertainment. Furthermore, the large majority of personal injury cases will not see the inside of a courtroom, needless to say make it to trial. This is because there are many steps your experienced Philadelphia personal injury lawyer can take prior to trial to secure you the settlement you deserve without the need for stressful litigation.

Demand letter

In certain cases, all it takes to settle a case is a demand letter from your attorney to the defendant and the defendant’s insurance company if applicable.[1] The letter will simply state that you have suffered injuries and believe that you are entitled to a certain amount of compensation because your injuries occurred due to the defendant’s negligence. Though this demand letter does not always work to resolve a case, some defendants or their claims adjustors may agree to pay the sum. This is the first step in settlement negotiations with the other side and there are specific ethical rules that govern this process for your attorney.[2]

Further negotiations

If the first settlement offer in the demand letter is rejected, it is usually countered with a lower offer by the insurance company or the defendant. Settlement negotiations are a process and the offers may go back and forth several times before a reasonable agreement is reached. Throughout the process, your attorney will work to gather evidence of the driver’s negligence and can use that evidence to demonstrate the strength of your case in order to encourage the other side to settle.

Depending on your circumstances, your lawyer may also recommend that you attend mediation proceedings, which can influence cooperation between parties to reach an agreement for less time and cost than a trial.[3]

Trial is sometimes necessary

If no settlement agreement can be reached, your case may proceed to trial. A skilled personal injury lawyer will know how to make the trial process as efficient and stress-free as possible for you and will be a zealous advocate striving to get you the compensation your deserve.

[1] http://en.wikipedia.org/wiki/Demand_letter

[2] http://www.americanbar.org/content/dam/aba/migrated/2011_build/dispute_resolution/settlementnegotiations.authcheckdam.pdf

[3] http://en.wikipedia.org/wiki/Mediation

 

 

Latest News

June 22, 2017

How to Avoid a Philadelphia Car Accident by Using Safe Driving Apps

Have you ever been behind a driver who was swerving across the road in the middle of the day? You start to wonder how many drinks he or she had, and then, when you pass …

June 15, 2017

Are You at Fault if You Have Crashed a Leased Car?

  The light turns green, and you start to head out into the intersection. Suddenly, screeching brakes, airbags, and smoke greet you as someone coming the other way crashes into your car. They claim the light …

June 8, 2017

Philadelphia Minor Auto Accidents - Should I Contact The Police?

Everyone should know that following a car accident, you should always exchange information with any other drivers involved and if there are any serious injuries or totaled cars, you should call 911 for emergency assistance. …

view more

Free Case Consultation

Fill out the form below to schedule a free initial consultation

    In an effort to prevent spam please click “I agree” below to confirm you are a human being. (Required.)