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
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.