Many personal injury cases from car accidents in New York are resolved out of court, but other cases go to trial and are heard by a judge and jury. If the other driver was negligent, you may be able to receive compensation for your pain and suffering. While most personal injury lawsuits are resolved out of court, there are some cases where a personal injury lawsuit can end up going to court. Sometimes, even an experienced personal injury lawyer cannot predict the insurance company's unwillingness to reach a settlement agreement and the corresponding willingness to go to court.
Learn more about why you should consult with a personal injury lawyer and what type of services they will provide during the claims process. According to our experienced Lincoln personal injury lawyer, the answer is very simple: “no. In fact, injury lawsuits rarely go to court. In Nebraska, probably less than 5% of all injury claims are decided in a courtroom trial.
The litigation phase begins when you and your lawyer file a personal injury lawsuit in court. The filing of the lawsuit sets the clock on when the case could go to trial. Each state's pretrial procedures are different, but it will generally take one to two years for a personal injury case to go to trial. Keep in mind that a lawsuit must be filed within the strict time limits that each state has set out in a law called a statute of limitations.
Most personal injury cases are resolved outside the court system through a settlement agreement. Resolving a case can avoid the costly and lengthy trial process, which means that all parties generally prefer this option. Agreements can take place between the parties themselves or through a process called mediation, in which a qualified mediator is hired to try to bring the parties to a settlement agreement. If your Lincoln personal injury lawyer knows how to gather the right evidence, your claim must be resolved on the higher end of the spectrum.
The insurance company may use several tactics to try to prove that your injuries do not represent the limitations you claim, or to dispute the amount you are seeking as compensation for your injuries. After an accident or injury in New York, you may wonder about state laws that could affect any personal injury claim you choose to file. According to the U.S. Department of Justice, only about 3 percent of tort cases, or the area of law comprised of personal injury lawsuits, end up being resolved in court.
You may have a higher chance of ending up in court for your personal injury claim if your case falls into these categories. Your medical bills can be critically important as you move forward with your personal injury claim. Every injury claim is different and that's why it's essential that you have a competent personal injury lawyer who is an expert in negotiation and has the judgment and experience to decide when to accept a defendant's proposed figure. You can handle a small personal injury claim yourself (as long as you are comfortable with the process and are sure you can get a fair outcome), but you will absolutely need an attorney for any personal injury claim where you have suffered a significant injury, or the other party is struggling on issues key.
In most cases, the parties involved in the lawsuit reach a pre-trial verdict, either through negotiation before the lawsuit reaches court or in mediation with an experienced Orlando judge, retired judge, or personal injury lawyer. An attorney will be able to coordinate with the right medical experts to gain a full understanding of your injuries and their immediate and long-term effects. Don't let the stress and anxiety of a potential court proceeding stop you from reviewing your claim with a Lincoln personal injury lawyer. In New York, the statute of limitations for most types of personal injury cases gives the claimant three years from the date of the injury to go to court and file a lawsuit against those responsible for the underlying accident.
Get the basics on injury claims against government entities and learn how to find the right personal injury lawyer for you and your case. . .