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Should I Settle or Go to Trial?
Ultimately, for all of the complexities, auto accident clients are given two choices: settle or go to trial. Which should you choose?
First, the question might be incredibly premature. To evaluate this question, you have to have an offer. The toughest case to try is when a client wants to hold out for a great outcome with a good offer on the table.
Compensation for your injuries and damage to your property is determined by what losses you have sustained as a direct result of the accident. For you, as a victim, to be adequately compensated for your losses--medical bills, lost wages and any other expenses you incurred during your recovery process will be decided based in part on these special damages. Other factors may include the emotional and physical pain you have suffered, and additional monetary loss you may have incurred--such as having to hire someone to do routine household chores you would have normally performed yourself.
In addition to being awarded special damages, you may also seek punitive damages. Punitive damages are awarded not just to punish the offender, but also to help restore the victim to wholeness prior to the incident. An experienced injury attorney will advise you of all your rights in seeking a personal injury claim.
Settling Your Personal Injury Claim
Whether you decide to go to trial or have your claim settled outside of court, you must first hire an attorney.
- It's advisable to hire a law firm or attorney with experience in handling personal injury cases.
- Find an attorney or law firm who has a good success rate of settling personal injury claims outside the courtroom as well as a lawyer who is experienced as a trial attorney--in case you decide to go to court.
- Beware of the statute of limitations on filing personal injury claims. You must file your claim within 2 years.
- Depending on the complexity of your case, personal injury cases can sometimes result in long waiting periods to be settled--but a good attorney will walk you through each step of the process, and keep you up-to-date on the status of your claim.
Reason to Settle Outside of Court
Most personal injury claims are settled outside the courtroom. If a victim can easily establish the fault of the other party, most often the other party will not dispute liability--and will want to settle to avoid going to court. This makes it more advantageous for the victim to negotiate a settlement without having a lengthy trial. Most claims settled outside of court generally result in higher payouts. Having to avoid going to trial is always the better alternative as juries are often unpredictable, and costly. However, an experienced personal injury lawyer will advise you of your best option so that you can be fully compensated.
What Do Statistics Say About Value?
The average jury verdict in the United States in a personal injury case is $985,675, according to Jury Verdict Research. This number is certainly distorted by extremely high awards, including a $326,000,000 award in a tobacco case in Florida. The mean personal injury award in the United States is approximately $40,000.
Tips on Each Insurance Company
In Maryland personal injury
cases the median compensatory
award in personal injury trials is $12,813.
Maryland personal injury victims prevailed
in 69% of the cases (as opposed to 55% nationally). Accepting these figures at face value, it means Maryland juries are tougher on damages than in establishing liability. Does this mean you cannot get a fair jury verdict in Maryland? No. But it does mean your Maryland accident lawyer needs to present a quality case to the jury. Maryland jurors are like Wal-mart shoppers: they are wiling to pay but they want to get real value for the money they spend. This data probably also underscores that soft tissue cases are extremely difficult to try in front of jurors in most of Maryland.
What Is the Value of My Case?
We don't know. There are a lot of complicated variables that go into valuing personal injury auto accident cases. Below is some more information that might give you a better idea of the value of your case. You can piece together many of the puzzle pieces but, in the end, you are going to need an experienced lawyer to put together all of the pieces for you to answer your question: what is the real value of my case?
Contacting Our Law Firm
If you have other questions or need a Maryland accident lawyer, our Maryland accident law firm handles, among other things, serious injury car accidents involving such injuries as broken or fractured legs, both in Maryland and throughout the country. If you or a loved one has suffered a serious leg injury as the result of the negligence of someone else, call our accident lawyers at 800-553-8082 or click here for a free no obligation Internet consultation.
Values of Specific Injuries
Verdict and Settlement Values Generally or by Type of Injury Case
Sample Demand Letters
Handling Your Car Accident Case Without a Lawyer
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