Most personal injury claims are settled long before a lawsuit gets filed. That’s because the results of a personal injury trial are unpredictable. While a fair settlement can sometimes be in your best interests, this is not always the case. That’s why having a personal injury law firm fighting for you through the process is important. Your attorney will review your case and determine how much compensation is fair and just. To do this, they may need to meet with injury experts and your medical team. After all, what’s fair and just is unique to your situation and the damages you’ve suffered.

Although every attempt is made to negotiate and settle your claim, sometimes it is not in your best interests to take a low ball settlement offer.  Insurance companies may refuse to negotiate because they don’t believe you are injured, or liability is in question.  In these cases your attorney will need to file a personal injury lawsuit seeking damages. When this occurs, you can rest easier knowing you have a team of experienced litigators who can handle your case both in and out of the courtroom.

What is the Difference Between a Personal Injury Claim and a Personal Injury Lawsuit?

Many injured accident victims want to know if there is a difference between a personal injury claim and a lawsuit. Yes, there are major differences. A personal injury claim and a personal injury lawsuit are two different stages in seeking compensation for accident injuries.

Personal Injury Claim

A personal injury claim is typically the first step an injured accident victim takes when seeking compensation for their injuries. When you hire an attorney, your lawyer will notify the at-fault party’s insurance company of your intention to seek compensation. They will then send a demand letter outlining the damages sustained and the compensation sought. The insurance company will then conduct an investigation, and negotiations will begin.  This process can take some time to develop depending on the extent of injuries you sustained or the length of treatment involved to help you heal.

Many injury claims are settled this way. Your lawyer and the insurance company may go round and round at first, but eventually, a fair settlement can be  reached.  If a fair settlement is not reached, the claim will be filed and a lawsuit ensues.

Personal Injury Lawsuit

A personal injury lawsuit is a legal action taken when a settlement cannot be reached through negotiations or when the insurance company denies the claim. It involves filing a formal complaint with the court, which sets forth the legal grounds for the claim, the damages sought, and the relief requested. If your lawsuit does not settle before trial, the case will go to court. A judge and jury will then decide the outcome.

Lawsuits are complex to navigate and add additional time to the personal injury claim, but experienced litigators can guide you through the process and ensure that the value of your personal injury claims are maximized.

How Many Cases Settle Without Going to Trial?

The majority of personal injury cases settle without ever going to trial. According to a National Center for State Courts report, up to 95% of personal injury cases are settled before trial. This is because both parties often have a strong incentive to avoid the time, expense, and uncertainty of a trial.

Settlement negotiations can take place at any point in the legal process, from the early stages of a claim through the pre-trial phase of a lawsuit. In some cases, a settlement may be reached shortly after the accident, while in others, it may take months or even years to negotiate a fair settlement.

However, it’s worth noting that the possibility of going to trial can be a powerful bargaining chip for plaintiffs during settlement negotiations. If the defendant is unwilling to offer a fair settlement amount, your attorney may advise you to take the case to trial to achieve a better outcome.

Contact Our Helena Personal Injury Lawyers

If you or a loved one have suffered a personal injury in Helena, you must take action immediately. Don’t let the insurance companies or negligent parties bully you into settling for less than you deserve. You have rights, and you deserve justice.

A skilled Helena personal injury attorney at Doubek, Pyfer & Storrar can help you navigate the complex legal system and fight for the compensation you need to recover from your injuries. We can help you understand your legal rights, gather evidence, negotiate with insurance companies, and represent you in court if necessary.

The longer you wait to call a lawyer, the harder it may be to build a strong case. Evidence can disappear, witnesses can forget important details, and deadlines can pass. Don’t let this happen to you.

To learn more about your legal options, you can fill out a contact form on our website, and we can contact you, or you can call us now at 406-442-7830 and get your immediate questions answered.