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Do you have to go to trial to settle a personal injury claim?

On Behalf of | May 20, 2025 | PERSONAL INJURY - Personal Injury

You deserve compensation if you’ve been injured due to someone else’s negligence. However, it does not necessarily mean going through a lengthy court process to get a settlement. Most personal injury claims are settled well before a trial materializes.

After an accident, the insurance company will review the facts of your case and assess the extent of your injuries. They may offer a settlement fairly quickly, but that doesn’t mean it’s good. Initial offers are often lower than what your claim is worth. Rushing into accepting an initial offer may leave you shortchanged.

You can negotiate for a higher settlement by presenting evidence of your damages, such as medical bills, lost wages, pain and suffering and more. The stronger your case, the more pressure the insurance company feels to offer a fair amount.

When going to court becomes necessary

Sometimes, the insurance company won’t budge despite your best efforts. Maybe they dispute who was at fault, or they don’t believe your injuries are as serious as you claim. In that case, you may need to file a lawsuit to keep your claim alive.

It helps to note that filing a lawsuit doesn’t mean you’re headed straight to trial. It’s often a strategic move that signals you’re serious. In other words, it shows the insurance company you’re not bluffing, and a full-blown trial could be on the table if they don’t come up with a fair offer.

Many cases settle before a trial begins. The law gives both sides more time to evaluate the facts and potentially reach an agreement to avoid the uncertainty of trial. That said, it helps to be prepared for anything. Proper legal guidance can make a significant difference in the outcome of your claim, potentially leading to a favorable settlement.

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