When people think of lawsuits, they probably think of courtrooms, juries, and judges. The reality is that most personal injury claims in Tennessee do not go to trial and instead settle out of court. By settling out of court, you can avoid the burden and expense of a civil trial, allowing you to recover financial compensation faster and with less stress. However, there are some instances where taking a case to trial might be the optimal strategy to maximize compensation. A personal injury attorney from Gatti, Keltner, Bienvenu & Montesi can help you explore options like an out-of-court settlement for the personal injury process, which may resolve your case faster and with less stress than a trial.
What Is an Out-of-Court Settlement in a Personal Injury Case?
In civil injury cases, settling out of court means the parties reach an agreement instead of going to trial. With a settlement, the respondent agrees to pay the claimant an agreed-upon sum, and the claimant agrees to release the respondent from all further claims related to that particular injury. Parties involved in a lawsuit can resolve the matter without stepping into a courtroom. What are out-of-court settlements in personal injury cases? They’re agreements made before trial that often save time, reduce stress, and provide compensation more quickly than a court verdict.
If the litigants cannot settle, the case will go to trial. Both sides will present evidence and arguments to a judge or jury during a trial. The court will then decide how much to maximize the claimant’s compensation. If you disagree with the court verdict, your lawyer can advise whether you have grounds to appeal the decision to a higher court.
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When and Why Do Personal Injury Cases Settle Out of Court?
Civil trials take a lot of time and cost a lot of money. People don’t file injury claims because they like going to court — they need money as soon as possible to deal with their injuries. While waiting for a trial to resolve, the bills can pile up further, making it harder and harder to manage. Settling is a way for you to avoid the expense and stress of the courtroom while recovering financial compensation reasonably promptly. Below are some of the main reasons for settling out of court.
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Less Time
Most importantly, settling out of court gets you access to your money faster. Depending on the circumstances, a trial can take months or even years to resolve. A settlement lets you deal with your expenses sooner and leave the issue behind, allowing you to focus on healing and recovery.
Reduced Cost
Settling can also help you avoid the costs associated with going to trial. Relevant fees could include court filing fees, expert witness fees, service of process fees, and other miscellaneous expenses. A settlement lets you avoid these costs to keep a larger share of your compensation.
More Control
Choosing a settlement also gives you more control over the outcome. With a trial, the result depends on a judge or jury, and there is a chance you won’t recover any money at all. A settlement can give you space to negotiate and set the terms of the deal.
More Privacy
Aside from a few exceptions, all civil trials in Tennessee are a matter of public record and available for anyone to look up. If you settle your case, the details of your settlement can remain confidential, and your privacy is protected.
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What Does the Settlement Process Look Like?
When you hire an attorney, they will conduct an initial investigation to gather evidence and build a narrative demonstrating the offender’s liability. They will send a demand letter to the liable party’s insurance company requesting compensation for your losses. The demand letter includes a list of your losses and an explanation of how the at-fault party caused the accident.
Two possible outcomes can occur: The insurance company accepts the demand and offers a settlement agreement. This is the ideal scenario, but also highly improbable. The second, much more likely outcome is that the insurance company will dispute the claim or provide a lowball offer much less than the demand.
Here is where negotiations begin. Your attorney will make a counterdemand, and the insurer will make another counteroffer. This process continues until the parties reach an acceptable agreement. During this process, the parties can agree to alternative dispute resolution through mediation or arbitration.
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What Can Be Included in a Personal Injury Settlement?
A personal injury settlement can include money to compensate you for all the losses you suffered due to your injuries. Depending on your circumstances, this could consist of money for your medical bills, lost work income, and out-of-pocket expenses, such as transportation to and from medical appointments. You may also be able to pursue compensation for your pain and suffering, emotional distress, loss of enjoyment of life, depression related to the accident, and anxiety.
When Should a Case Be Taken to Trial?
Usually, settlements are the better option, but there are some instances where going to trial makes sense:
- The claim has a high monetary value. In many cases, the amount one can recover from a trial is substantially more than any settlement the insurer can offer due to policy limits. This can be beneficial for claims involving catastrophic injuries with abnormally high costs.
- The at-fault party denies liability. In some cases, the at-fault party might refuse to acknowledge their responsibility or refuse to respond to your demands. A trial verdict can force them to pay if they deny liability and won’t work with you to reach a satisfactory resolution.
- The insurance company won’t respond. Tennessee law requires insurance companies to respond promptly to claimant demands. A trial can force them to acknowledge your needs if they don’t engage in communication.
- You have a good chance of winning. Your attorney should choose the option with the best chance of maximizing compensation. Settlements involve compromises, which can mean less money. However, if you take your case to trial, you may have a powerful claim and a high chance of a favorable verdict.
Contact Gatti, Keltner, Bienvenu & Montesi online or call us at (901) 526-2126 to speak to a personal injury attorney in Tennessee. Our team is here to help you understand your rights and take the first step toward securing the necessary benefits. We can answer all your questions about the personal injury settlement process and the injury claim settlement timeline.
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August 8, 2016
