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Personal injury cases can be a tricky business. Evidence provided by both sides will attempt to prove negligence on the other’s part, and ultimately the offer made will be a direct result of whose evidence is more compelling. Some cases are cut and dry, resulting in a fair settlement being offered right away; others may need to go to trial. In any case, having an experienced Cape Coral and Lee County personal injury attorney on your side will help relieve your burden, and ensure you get the settlement you deserve. Settling a Personal Injury Suit Like any lawsuit, there is a process to settling a personal injury case. The process for a personal injury suit is: - Contacting a lawyer and filing your case. During this period, you will want to obtain experienced legal counsel, and have your claim filed with the courts. After your claim is filed, a period of time will be given to the party your suit is against to obtain their own legal counsel and gather evidence for the second stage.
- The discovery stage. During this part of the process, all medical documentation and witnesses for both parties will be presented to their attorneys. This gives each side’s counsel an opportunity to review the evidence and determine if there is a clear establishment of fault. The establishment of fault will directly impact which direction the third stage goes in.
- Settlement or trial. If fault can be clearly established, an offer will be made to the victim. If the offer is accepted, the case has been settled out of court. The offer can also be countered by the victim for a larger settlement. If the offer is countered and not accepted, or there is not a clear establishment of fault, the case will go to trial.
Settling Out of Court It is almost always advantageous to settle your personal injury claim out of court. In fact, studies show that 61% of cases settled out of court result in larger monetary compensation for the victim. An experienced personal injury attorney will be able to gather and present the evidence for your case in a compelling enough way to keep your case out of court.
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