Will I have to go to Court for my personal injury case?
A: In most personal injury cases, going to Court is rare, as over 99% of personal injury matters are settled before trial. Here's a detailed explanation of the process:
- Settlement Negotiations: Initially, your lawyer will negotiate a settlement with the defendant's insurance company. If both parties agree to a fair payment reflecting your case's value, the case will be resolved without going to Court. This is the usual outcome, as less than 1% of personal injury cases proceed to trial.
- Questioning or Discovery: Before going to trial, there may be a "Questioning" or "Discovery" process where both sides disclose evidence about the accident. This process often leads to a settlement.
- Alternative Dispute Resolution (ADR): If settlement negotiations stall, parties may choose to resolve the dispute through mediation or arbitration. These methods involve an independent third party to assist in reaching a settlement.
- Trial: A trial may be necessary in rare instances where the defendant's insurance refuses to offer reasonable and just compensation. This is where legal counsel like Kantor LLP, adept at settling your file and preparing for trial, becomes essential.
- Preparation for Trial: If the matter goes to trial, your lawyer will prepare you to testify, emphasizing truthfulness and precision in answering questions.
- Legal Representation: Having legal counsel that is experienced and client-focused is vital. Kantor LLP's mission is to take a genuine interest in their clients and meet or exceed their expectations, providing superior legal services on a timely and efficient basis.
- Compensation Factors: The compensation you may receive depends on several variables, including the nature and extent of your injuries, lost income, out-of-pocket expenses, and future care costs.
While the prospect of going to Court may seem daunting, it is unlikely in most personal injury cases. With proper legal representation, most claims are resolved through negotiation or other means outside of Court. If necessary, having a lawyer prepared to go to trial ensures that you receive fair and reasonable compensation for your injuries and losses.