Suppose you are bringing or contemplating bringing a case for your injuries, whether you received them in a motor vehicle accident or otherwise. In that case, you are probably wondering what the possible outcomes of my personal injury case will look like. This is a great question to have, as the resolution of your case can take many different forms.
What Are The Possible Outcomes of My Personal Injury Case?
Frequently settlement might be reached before too many procedural steps are taken. For instance, a settlement may be negotiated with the defendant even prior to questioning the defendant/plaintiff. In this case, your lawyer is simply speaking to a representative for the other party on your behalf and attempting to reach a mutually agreeable outcome.
Other times settlement may come later in the process. For example, one or both of the parties’ representatives may desire the matter to go to questioning so additional information/documentation can be collected before the case’s resolution. The parties can use this additional information to gain a better picture of the case as a whole, its likelihood of success at trial, and what a likely award might be. This information can promote settlement and influence what a party is willing to settle the case for.
Your Case May Require Mediation
If informal negotiation has not worked, a process called “mediation” may occur. This is a situation where a person called a “mediator” oversees negotiations between parties. The mediator acts as a sort of go-between, relaying the parties’ different positions and attempting to make each party see where the other is coming from. The mediator typically has abundant experience in personal injury matters and thoroughly familiarizes themselves with the case before the meditation. Mediation will oftentimes involve: the mediator, your lawyer, you, the opposing lawyer, and an insurance adjuster/the defendant. Often, the different sides will go into separate rooms, with the mediator travelling between rooms to fulfill their function. Offers will be exchanged back and forth between parties, outlining why they feel whatever outcome is appropriate to the mediator.
What if Mediation Fails?
If mediation fails, the next step is generally to proceed to trial. Trials are exceedingly rare in personal injury cases; almost nothing in this sphere goes to trial. When something goes to trial, the parties put all of the evidence at their disposal in front of a judge. While the lawyers for both parties then pull out their strongest legal arguments to attempt to persuade the judge to favour their position. If you are successful at trial, you can end up with a higher payment than you would otherwise get through settlement, though the flipside to this is that you can also end up with a lower payment than you would’ve obtained through settlement. Getting to trial can often take years, which can be another incentive promoting settlement. Learn more about James H. Brown and Associates’ trial success here.
Support Every Step of the Way
Often injury claims take longer than expected to be resolved and the value of a claim cannot be determined until the final outcome of the injuries is known and evaluated. At James H. Brown and Associates, we understand that life doesn’t always wait. That’s why we offer comprehensive services, resources, and support to assist accident victims and their families throughout the legal process.
Over the last thirty years, James H. Brown and Associates has built a network of professionals to help accident victims through the legal and recovery process. As a large, well-established law firm, we’re ready and able to go the extra mile to ensure our clients are cared for. From accident analysts and medical professionals to strengthen your case to long-term care providers, we’re committed to supporting our clients every step of the way.
Have You or a Loved One Been Seriously Injured?
Contact us today to book a free, no-obligation consultation with one of James H. Brown and Associates’ experienced injury lawyers.