Despite the media publicizing some high-profile legal disputes, such as the infamous Johnny Depp versus Amber Heard defamation case (yes, defamation is a type of personal injury), most personal injury cases are settled outside of court. In fact, most personal injury cases are resolved through negotiation and settlement before ever going to trial. Why is this?
The cost and time associated with taking a case to trial, the unpredictability of jury verdicts, the potential for appeal and the emotional toll litigation can take on both parties all make settlement an attractive option. Settling out of court also allows both sides to come to an agreement that is mutually beneficial and avoids having one side feel like they were taken advantage of or “won” in court.
Can I Settle My Case without the Help of an Attorney?
Although you can theoretically get an out-of-court settlement without the help of a personal injury attorney, the last thing most plaintiffs want to do is hastily settle for less that they need to pay for damages like ongoing medical expenses or lost wages.
At the Dressie Law Firm, each of our clients can rest assured we’ll never settle a case without their knowledge or consent. We’re fully committed to ensuring you receive the compensation you deserve, and we won’t hesitate to take your case to trial if we cannot negotiate a satisfactory settlement outside of court.
What Is a Personal Injury Case?
A personal injury case is a legal dispute that arises when one person suffers harm from an accident or injury and someone else might be legally responsible for that harm. Personal injury cases involve claims based on negligence, strict liability, intentional actions, carelessness, recklessness and various criminal activities that lead to injuries. The injured party typically seeks compensation for damages such as medical expenses, lost wages, pain and suffering, emotional distress, disability or disfigurement.
Common types of personal injury cases include car accidents, slip and fall injuries, medical malpractice, product liability claims (defective products) and workplace injuries.
What Are the Steps in a Personal Injury Claim in Atlanta?
- Seek medical attention: It’s important to seek medical treatment as soon as possible after an accident, even if you don’t feel injured at the time. This will ensure your injuries are accurately documented by a medical professional. Failure to have an official diagnosis can make your case extremely difficult to negotiate.
- File a police report: A police report can be used as a source of evidence in a personal injury case and should be filed promptly following an injury (especially after auto accidents).
- Document everything: You should keep track of all expenses related to your injury, including medical bills, lost wages, property damage and other related costs that may arise from the incident or accident.
- Contact an attorney: Consulting with an experienced personal injury lawyer can help you understand your legal rights and determine whether filing a lawsuit is necessary in order to receive compensation for your damages.
- Negotiate with insurance companies: Most personal injury claims involve dealing with insurance companies who may attempt to minimize payments or deny claims altogether. Having an attorney handle the case on your behalf can help ensure that negotiations are conducted fairly and within legal boundaries so that you receive appropriate compensation as quickly as possible.
- File lawsuit: If negotiations fail, it may become necessary to file suit against those responsible for causing you harm. This step requires extensive preparation in order to prove fault with evidence, compelling testimony and a clear and accurate narrative.
Your Atlanta Personal Injury Lawyer Will Communicate Every Step of the Legal Process
While your attorney will communicate all offers made by the at-fault party’s insurance company and recommend the best course of action, they ultimately cannot force you to accept or deny a settlement.
It’s also worth knowing that even if your case goes to court, you and your attorney can still settle it during various phases of the trial before a judge or jury decides the verdict.
Start the Injury Claim Process by Contacting the Dressie Law Firm in Atlanta
If you or someone you love has suffered an injury in the Atlanta area, don’t wait to get help. Reach out to our experienced personal injury attorneys today and explore your legal options.
Our legal team will pursue the compensation you deserve for your medical costs, lost wages, pain and suffering and any other expenses you incurred due to your injury.
Call 678-909-1639 to schedule your free no-obligation consultation.