Why do most personal injury lawsuits in Massachusetts settle out of court?

Canton, MA – When you’re injured in an accident caused by someone else’s negligence, say a car crash, everyone around you will tell you to get a lawyer and sue the person or entity who did that to you. For some people, the prospect of getting a personal injury lawyer and going to trial can seem quite daunting. What people don’t know is that almost all personal injury claims never make it to trial and are settled out of court. A 2005 study revealed that 95% of all personal injury claims filed in the US are settled in the pre-trial phase. A more recent DOJ study showed that 97% of claims are settled out of court. The main reason why most claims are settled is that no one, including your lawyer, wants to waste time and money by going to court.

If you’ve been injured in any type of accident in Massachusetts you may be wondering why you should hire a lawyer if your case will never make it to court. The answer is simple – you’ll need experienced Massachusetts personal injury lawyers to tell you how much your claim is worth and make sure you get a fair settlement. 

What does a personal injury lawyer do?

First of all, a seasoned lawyer will establish if you do have a case. To file a personal injury claim you must prove that the other party was negligent. In the eyes of the law, that means establishing that the defendant (the party you’re suing) had a duty of care towards you, and there was a breach of duty, which resulted in you getting injured and suffering damages. Your legal team will gather ample proof to support your claim. 

A personal injury claim can be settled at any time – before it is even filed, in the pre-trial phase, during the trial, or even after the trial. For instance, one party may prefer to settle after the verdict is passed to prevent the other party from appealing. 

Factors to consider when settling a claim

If you’re pursuing a personal injury claim, deciding when to settle can be a complex and difficult decision. Here are some factors to consider:

The severity of your injuries

If your injuries are minor and you’ve fully recovered, settling sooner may be an option. However, if you have suffered serious or long-term injuries, it may be best to wait until you have a better idea of the full extent of your damages before settling.

The amount of your medical bills and other expenses

You will need to have a good idea of what your total damages are before agreeing to a settlement. Generally speaking, you should wait until you’re fully recovered. If it turns out you’ll need another surgery you cannot ask for more money once you’ve settled and you won’t get compensation for further lost earnings. 

The time and cost of continuing the legal process

Pursuing a personal injury claim can be time-consuming and expensive. If you’ve been in the legal process for a while and it’s starting to take a toll on you, settling may be a good option.

The settlement offer

This is where having a good lawyer is essential. If you’re negotiating with an insurance company you cannot expect them to tell you the truth. Only a dedicated lawyer will tell you how much your claim is worth. Your lawyer will negotiate in your stead and drive a hard bargain to get you fair compensation for your financial losses as well as for your pain and suffering.

Have you been recently injured in an accident in the Canton area?

Don’t waste any time and contact a reliable attorney at the Neumann Law Group. Our attorneys have many years of experience in personal injury and wrongful death cases. Through our dedicated representation of car accident victims and their families, we will help you win the damages you are entitled to. To schedule a free initial consultation, call our toll-free number at 800-525-6386.

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