Charlotte Injury Lawyers Blog
Charlotte Personal Injury Attorney Matt Arnold answers the question: “What can you sue for in a personal injury case?”
It is not uncommon to hear personal injury attorneys talk about whether or not they have settled a case or taken the case to trial. Studies have found that up to 97% of personal injury cases that are filed in the United States settle out of court. They do not go all the way to trial. If this seems like a high percentage to you, that is because it is. It is rare for a personal injury suit to make it to trial, but that is not to say that there are not cases that go to trial. There are many reasons that a case might settle. Just because a settlement offer is made, it does not mean that the settlement offer has to be accepted.
Reasons Behind Settlement
As stated above, there are many reasons that a case will settle before it goes to trial. One of the biggest factors that results in settlement is the timeline of a personal injury case. The court system is not like it appears on television. Usually, things do not get resolved in what appears to be a week. Personal injury cases can take days, months, or even years to settle. Depending on the needs and wants of the client, it can be in their best interest to settle the case early.
In personal injury cases, the defense will use every tactic possible to discredit the victim’s story of what happened. Before a case can go to trial, the discovery process will occur. During discovery, both sides turn over documents for information gathering purposes. Sometimes, the defense will try to prolong the process by sending over an excessive number of documents and burying the other side. Discovery can become overly intrusive and burdensome and depending on the specifics of the case, settlement might be the best option.
Additionally, litigation is expensive. While most personal injury cases are based off a contingency agreement, this does not negate the costs. Contingency means that an attorney does not collect fees upfront, but instead takes a percentage of the award of the case. An attorney is also able to recover expenses that result during the case. Settlement can reduce the overall costs by ending the case earlier than expected.
Not only are your own attorney’s fees a consideration, but if the case goes to trial, the attorney fees and costs of the defense could become your responsibility. If you go to trial and lose, there is the potential that the court will order you to pay for the defense attorney’s fees and other court costs associated with the case.
Whether or not you want to settle your personal injury case or take it all the way to trial, the personal injury attorneys at Arnold & Smith, PLLC are here to help you. Our experienced personal injury attorneys have the skills and resources available to them to handle your case, whether that be until a settlement is reached or until the case makes its way to trial. We strive to get you the compensation you need to heal from your injuries, depending on the circumstances of your case. The personal injury attorneys at Arnold & Smith, PLLC are here to help you through every step of the personal injury case. Now taking cases throughout the Charlotte region with offices in Uptown Charlotte, Mooresville and the new location under renovation in Monroe. Contact us, for a free consultation, call us at 704-370-2828 or click here for additional resources.
The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.
Source:
https://www.bizjournals.com/phoenix/stories/2004/05/31/newscolumn5.html
https://www.ncbar.gov/for-lawyers/ethics/rules-of-professional-conduct/rule-15-fees/
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