Settling the case outside the court is the goal of every personal injury claim because no one wants to get into the legal battle. If you have been injured in an accident, you will have to pay for medical expenses, losses and damages. To recover these expenses, you will submit the claim to the insurance company with the help of a Tacoma personal injury lawyer. However, things may not go as per your expectations. Some cases do not settle in court and you may have to file litigation to get the desired amount and justice.
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Reasons why cases settle
Before you file a claim or lawsuit, you should know that it is possible to get your case settled at any stage. Filing a lawsuit does not mean that you cannot settle your case. Some of the reasons for settlement outside the court are:
- The insurance company of the defendant may believe that the plaintiff will get more payment in court.
- The medical expenses and losses are low and it will be costlier to file a case and pay attorney’s fees and cost charges.
- It is a waste of time to take the case to trial if the insurance company of the defendant is ready to pay a comparable amount, which he may obtain through court.
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Reasons for a case to go to trial
Likewise, there may be several reasons why a case goes to trial. Some of the most common ones are elaborated on below:
- The attorney of the defendant believes that they have enough proof to win the case in court.
- When there is an issue between both parties and attorneys feel that it must be resolved in court.
- If the plaintiff demands too high, the defendant may want to go to court.
- If the insurance company has lowered the claim amount or rejected it for a baseless reason, the plaintiff can decide to take the case to trial.
- If the plaintiff wants to bring the incident to the notice of everyone and make it public, he may decide to go to trial.
Factors affecting the settlement or trial
Some of the factors that can affect your case are:
- Extent of injuries
- Income and loss of earning capacity
- Medical expenses
- Other losses and damages
Depending on your case and its facts, a personal injury lawyer can suggest the best solution and help you at every step.