As a continuation of Deciding Whether to File a Personal Injury Lawsuit? These Tips Can Help (Part 1), here is some additional information that can be extremely helpful as you make the decision whether to file a personal injury lawsuit. While Part 1 focused on helping potential plaintiffs determine whether they have a strong case against a potential defendant, here, we will focus on whether potential plaintiffs are prepared to deal with alternatives to trial and whether they will ultimately be able to collect compensation in the event they win their case.
Alternatives to Personal Injury Trials: Settlements and Mediation
Most personal injury lawsuits end before a trial ever begins, as it is typically more cost-effective and far less time-consuming for plaintiffs and defendants to reach a settlement prior to trial. While, in some cases, a defendant in a personal injury case may offer an acceptable settlement to the plaintiff in a personal injury case, in other cases, both parties may have to sit down in mediation (or arbitration) proceedings in order to work out a settlement deal that both can agree to. It’s important to note that, in some cases, going to mediation will be ordered by the judge before a case can go to trial.
If you are deciding whether to pursue a personal injury claim, you will need to be prepared to hear out possible settlement offers and likely to sit down in mediation proceedings – particularly if they are ordered by the courts. If, however, you are adverse to such actions and do not want to deal with your case possibly taking months or even more than a year to resolve, you may want to accept a settlement offer (or to forego the process entirely).
Will You Be Able to Collect Your Settlement If You Win?
The end game to filing a personal injury lawsuit is to secure a settlement for your injuries, mental anguish, possible property damage and other losses. This means that it will be critical that you take some time before initiating your case to figure out if the defendant will be able to pay you if you do win. Ask yourself: is the person or company that would be a defendant in your case broke or bankrupt? If so, any judgment you win against them – while a moral and ethical victory – will likely not result in any monetary compensation for your losses.
If you or a loved one has sustained any type of personal injury, you are encouraged to consult with the lawyers at the Law Office of Mike Hulen, PC. Our trusted Denver personal injury attorneys have a proven track record of successfully handling car accident cases, wrongful death suits and other types of personal injury lawsuits, and we are experienced at helping victims and their families secure the maximum possible settlement for their losses. We encourage those who think they may have a claim to meet with us for a free initial consult to learn more about their legal rights and to receive a thorough evaluation of their case. Call us at (303) 932-8666 to get your case started at no upfront cost.