The Litigation Phase Of Personal Injury Cases

After being injured in an accident, you may be wondering what steps you should take. Is it vindictive to file a personal injury claim or does it make sense when someone else’s recklessness or carelessness caused you to become injured? The truth is, when someone else was acting negligently and caused you to become injured, you have every right to file a personal injury claim. It is important to understand that while these claims can often be settled outside of court, you should also expect that you will need to go through the litigation process if the case is unresolved according to our friends at Brown Kiely, LLP.


When might my case go to trial? 

It is important to work with a lawyer you can trust throughout the personal injury process because if it ends up in court, you want to know you have a lawyer on your side you can rely on; they will be the one to fight for your rights after the other party injured you. Your lawyer may encourage you to go to litigation if:

  • The other party is eschewing blame.
  • The other party is pointing the finger at you for causing the accident or saying that the accident is the result of both parties.
  • The other party’s insurance is not accepting a settlement offer or is offering you something too low for the damages involved in your case.

When any of the above is true, you may wish to speak with a lawyer from a litigation law firm in Maryland.


Is litigation truly different than negotiation? 

Your lawyer will work hard to make the negotiation process successful for you when you need compensation after an accident. However, when the other party is being unreasonable or chooses to avoid blame, litigation is necessary to help you get the compensation you deserve. Negotiation is the first step because the two parties involved hold the power regarding the final decision. This is an important step in the process because it gives you and the other party a chance to decide without others involved. However, when this option is no longer feasible, litigation puts the decision in the hands of the court involved in your personal injury case.


Will litigation take longer than a settlement? 

Litigation will likely take longer than it would if you were able to successfully settle outside of court. However, when a settlement is no longer an option, it is important to speak with your lawyer about how much longer litigation may take with your specific case. There is no one rule in place that will determine the length of litigation and many factors will influence this, including:

  • What dates the court has available
  • How long it will take the court to come to an answer
  • Delays with the court
  • Filing delays from the other party


Getting The Help You Are Looking For

When you are seeking legal help after a personal injury accident, you want to ensure you are working with someone who can help you whether you settle or whether you go the litigation route. You should not have to go through this process on your own. Speak with a trusted local litigation lawyer today.

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