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The Possible Outcomes of a Personal Injury Claim

personal injury claim

When a plaintiff is filing a personal injury claim, it is imperative for him or her to have a basic understanding of the possible outcomes in their case. A personal injury lawyer can provide a rough estimate regarding the value of a case. However, there is no guarantee that the plaintiff will succeed in court or reach a settlement negotiation with the defendant. Here are some possible outcomes of a personal injury case:

The Case Is Settled Out of Court
Most personal injury cases are settled out of court. If a plaintiff settles out of court, he or she will sign a legally binding agreement called a “Release.” By agreeing to the terms of that settlement, the plaintiff is stating that he or she will not pursue further litigation against the defendant and will drop the lawsuit in exchange for the compensation.

Although every personal injury settlement is different, a typical personal injury settlement may include compensation for different kinds of losses, including:

  • Past, present and future medical bills and treatments
  • Lost income if the plaintiff could not work because of the injury
  • Diminished future capacity to earn if the recovery process affects the plaintiff’s employment
  • Pain and suffering
  • Cost of repairing damaged property, such as a crashed vehicle or motorcycle

The Case Proceeds to Trial
If the plaintiff and the defendant are unable to reach a settlement, the case proceeds to court. Insurance companies may refuse to compensate you or offer a low settlement amount. In this case, the attorney may suggest that the case proceed to court. However, a settlement can be reached at any point in the litigation process, including after the trial starts.

Jurors Render Their Verdict
The jurors give their verdict at the conclusion of the trial in favor of either the plaintiff or the defendant. If the verdict is in favor of the plaintiff, then he or she will be awarded compensation for hospital bills, lost wages, pain and suffering and other losses. The compensation will depend largely on the extent and type of the injuries suffered.

However, if the verdict is in favor of the defendant, the plaintiff will not receive a court award, and may be ordered to reimburse the defendant for legal fees, court filing costs, attorney fees and other taxable costs paid by the defendant.

The Verdict Is Appealed
Both the plaintiff and the defendant have the right to appeal a verdict if there is evidence suggesting that there were procedural errors during the trial and that the outcome was unfair. Most states impose strict deadlines for filing an appeal, which is usually 30 days after the verdict is entered.

Consult with a Personal Injury Attorney for the Best Possible Outcome

Having a knowledgeable and experienced personal injury attorney representing you can significantly increase your chances of being compensated fairly.

If you or your loved one has been injured in an accident and need of legal help, contact Ganim Injury Lawyers. We effectively represent clients who have suffered personal injuries resulting from someone else’s negligence. Our experienced personal injury attorneys will discuss your situation and go over the options available to you, and will work with insurance companies and other parties involved in your case to make sure all your needs are being addressed. Call 203-445-6542 or 877-828-4279, or email us at george@ganiminjurylawyers.com.

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