If I Don't Want to Go to Trial, Can You Still Help Me?

One of the most common questions we receive at Preston & Salango, PLLC is “I don’t want to take my personal injury case to trial. Can you still help me with my case?” The answer is yes. Some victims are deterred from taking any sort of action because they aren’t interested in spending the time and money that comes along with a lengthy trial. What’s important to understand, however, is that most personal injury claims are settled long before trial. In fact, about 95% of cases are settled out of court.

For this reason, you shouldn’t forfeit your right to pursue compensation simply because you don’t want to go to trial. You do still have options. With the help of a Charleston personal injury lawyer from our firm, you can come up with a reasonable value for the damages that you have suffered. If this valuation is in the same ballpark as the other party’s, it is likely that you will be able to negotiate a settlement outside of court, without the need for a lawsuit. However, you should still hire an attorney.

What if the other party isn’t willing to negotiate?

As is true in most personal injury cases, it is unlikely that the other party, and their insurance company, will agree to your proposed settlement amount right off the bat. The other side will do everything that they can to minimize the value of your claim in an effort to reduce their own financial responsibility. They may even try to prove that you were partially at fault for the accident or that you aren’t really as injured as you have claimed to be. However, this doesn’t mean that you should just drop the case.

The value of your claim will depend on numerous factors, including:

  • The cost of your past and future medical expenses
  • How much you have lost in past and future income
  • How long all of your injuries are expected to last
  • The types of non-economic damages you’ve suffered
  • The cost of any property that has been damaged

Some of these factors are hard to dispute, like the cost of your medical treatment the amount of income that you have forfeited as a result of the accident. However, that is not to say that this can’t happen. There are rare cases where both sides come up with a very different valuation for the claim. If you think that your case is worth $1 million and the other party thinks that it is worth $100,000, for example, a reasonable settlement may not be plausible. In this case, going to trial may be your only option.

We’ve Recovered $50+ Million in Damages for Past Clients

At Preston & Salango, PLLC, we are proud to say that we have recovered more than $75 million in damages for our clients. Many of these cases were settled outside of court. Our only goal is to secure the level of compensation that our clients are entitled to, be it by way of settlement or litigation, so you can count on us to represent your interests in a way that is most comfortable for you. If you don’t want to go to trial, we will do whatever we can to secure a favorable settlement outside of court.

If you are interested in discussing your options with a Charleston injury attorney at our firm, please do not hesitate to set up a free, no-obligation consultation today: (304) 902-4266.

Categories: Personal Injury

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