Some people have heard horror stories about how their Atlanta personal injury lawyer forced them to settle their case. While they may have felt that way, lawyers don’t force their clients to do this. Ultimately, the plaintiff has the final decision as to what happens with their lawsuit. If they don’t want to settle, their lawyer isn’t going to force them to.
If they want to make a counteroffer, their attorney will do that for them as well. You have to keep in mind – your attorney gets more money if your case settles for a high amount. They get a third or more of your settlement proceeds, so they want you to get as much as possible. They would never encourage you to accept a settlement offer if it’s not in your best interests.
More than 95% of All Personal Injury Cases Settle
Despite what you see on television and in the movies, more than 95% of all personal injury lawsuits settle. Nobody wants to go to trial if they don’t have to. Trials are expensive and time-consuming. It can take more than a year to go before a judge. Even then, the judge is going to order you go to go to mediation in an effort to settle the case. Rather than wait for this to happen, it’s a good idea to try to settle as soon as possible.
There are Obvious Benefits to Settling Out of Court
There are reasons why a personal injury plaintiff would want to settle out of court. Not only will this get your case resolved faster, but you also won’t have to worry about racking up thousands of dollars in costs. The longer your case takes to resolve, the more your Atlanta personal injury lawyer had to spend to prosecute the case.
All of these costs will have to be deducted from your settlement proceeds. You also don’t have to worry about the prospect of losing if you settle out of court. That’s why the defendant’s insurance company would offer to settle in the first place. Both parties risk losing if the court decides the case.
Your Atlanta Personal Injury Lawyer Will Communicate All Offers
Legally, your Atlanta personal injury lawyer is required to communicate all settlement offers to their clients. Your attorney is going to do that because it’s the right thing to do. It’s your money so it’s your decision as to how you wish to proceed. You may be holding out for more money. Or you don’t like the fact that you’ll have to use most of the settlement proceeds to pay back medical bills. Either way, your attorney is there to let you know what offers are on the table.
It’s Ultimately Up to You if You Want to Settle
At the end of the day, nobody can force you to settle. Your Atlanta personal injury lawyer won’t even try. Of course, they’ll let you know what offer the defendant or the insurance company has made. They may even encourage you to accept the offer. But if you don’t think it’s enough money, you have the right to file suit.
If you decide to take this route, you have to understand what’s at stake. If you go to court and lose, you get nothing. There’s nothing your lawyer can really do after that. Of course, they can file an appeal but that isn’t usually all that productive in a civil case.
Start the Legal Process by Calling an Atlanta Personal Injury Lawyer
After you get hurt, there are certain things you have to do. Obviously, you need to get medical treatment. This could take weeks or even months depending on your injuries. For example, if you hurt your back, you may need surgery and long-term physical therapy. It may be a while before you’re ready to talk to an Atlanta personal injury lawyer. By that time, you should have an idea if your claim is going to be covered by the defendant’s insurance company.
If you learn that it’s denied, your attorney can help you file an appeal. Or, if the appeal has already been denied, you may have to file suit. This is a lot easier if you have a lawyer by your side. Handling something like this on your own can be hard. To get things started, you should call our office and set up a time to come in and meet with one of our Atlanta personal injury lawyers. It won’t cost you anything and it will give you an idea of what your options are.