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Do Personal Injury Claims Have to End in Trial?

If you have been injured due to another person’s negligence, you may have a legal claim that could provide you with financial relief and damages. But when you think of personal injury lawyers, your first thought probably goes to the dramatic personal injury lawyer commercials you have seen or heard over the course of your life. The attorneys in these commercials come across as loud, tough, and aggressive.

Unfortunately, these commercials create a bit of a misconception about how personal injury lawyers actually represent their clients. In fact, many people believe that hiring a lawyer means that you are going to end up in a courtroom in a contested trial. But is this true? Do personal injury claims have to end in trial?

Most Personal Injury Claims Settle

The short answer is no. When you hire a personal injury attorney to represent you regarding a claim, you do not have to end up in trial. Contrary to what you have seen on television, your personal injury lawyer does not conduct most of his or her work on a rooftop while a helicopter circles them. In fact, most of an attorney’s work involves countless hours of sitting in an office, reviewing records, and working the phones to attain maximum compensation for their clients. More often than not, this hard work pays off and a majority of personal injury claims are settled between the parties either before a lawsuit is filed, or after a lawsuit is filed but before trial.

Insurance Companies Are Motivated to Settle

Why would an insurance company settle instead of going to trial? Insurance companies are motivated to settle your claim because trial is expensive, trial is time consuming, and trial can be incredibly risky to the person being sued. The last thing an insurance company wants to do is to reject a fair offer from a personal injury victim, only to have to pay attorneys fees for a trial and then see a jury hit them with higher damages than they could have settled for.

Does this mean that cases never go to trial? No. There are absolutely cases that go to trial when both sides reach an insurmountable gap in their negotiations and the victim directs his or her attorney to proceed to trial. As a caveat to this, if you are looking for your “day in court”, we always recommend veering away from decisions rooted in emotion. The reasons that insurance companies hate trial ring true for you as well. Trial is expensive, time consuming, emotionally exhausting for the victim, and financially risky.

Viloria, Oliphant, Oster & Aman L.L.P.

Viloria, Oliphant, Oster & Aman, L.L.P. is a professional law firm that provides high quality legal representation for personal injury claims. Our experienced attorneys treat our clients with respect and provide them with the information they need to make informed, confident decisions about their claims. You deserve a lawyer who will fight for you Call Viloria, Oliphant, Oster & Aman L.L.P. today at (775) 227-2280 to schedule a consultation or contact our office through our website.

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