In the United States America, personal injury claims are given a statute limitation of two (2) years before the claim becomes outlawed. In this time period, one must obtain a lawyer and file a case before any attempt in going to trial in a court.
Many people tend to find this quite a hassle. Getting and hiring a attorney takes not only a lot of money, but also it demands a considerable amount of time and energy to setting up meetings and, of course, then showing up in court. Because of this, many people resort to “settlements”, or dealing with the case even before the case going to trial.
In reality, this doesn’t mean settlement happens “outside of court”. This only means that cases are settled “before going to trial”, meaning the case has already been filed. A good bulk of cases filed in court often reach a settlement before the trial.
Settling before going to court can be tricky. Many times people will make the wrong move and end up getting a lower settlement price, or lose more money because they refused to settle.
Settlement usually happens when a date is set, when a courtroom and judge are already scheduled, and the case is ready to go to court. This is when defendants usually consider to settle, in case they feel they are risking more if the trial pushes through.
You need to remember to never tell the insurance company or your lawyer that you are interested in an early settlement. You will just end up getting a much low price because the other party will assume that since it was your goal is to settle. Patience is indeed a virtue when it comes to settlements and higher settlement prices are are usually given as the trial date draws closer.
It would be an extreme help to find a lawyer who pushes aggressively for a trial and attorneys with a reputation for agreeing on early settlements are not worth your time or money. Research and pick an attorney with a good reputable history of taking cases to trial would be your best bet on a higher settlement prices.
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