Following an accident, you are likely worried you’ll have to endure a drawn-out legal battle to recover the compensation you need to get your life back on track. The good news is that while some personal injury claims do end up in court, a majority of cases are finalized through pre-trial settlement negotiations. A settlement allows the involved parties to reach a mutually acceptable agreement on damages, bypassing the need for a full trial. Please continue reading to learn how settlements work in Maryland personal injury cases and how a determined personal injury attorney in Baltimore County at Markey & Orsi can help you fight for the justice you deserve.
What Is a Personal Injury Settlement?
A personal injury settlement is a negotiated agreement where the injured party agrees to accept a form of compensation in exchange for dropping their legal claim. The primary advantage of a settlement is that it allows both parties to avoid the uncertainty, expense, and time commitment of a full court trial. These agreements can be reached at any stage of the process, but are often achieved during early negotiations with the insurance company. However, even after the lawsuit has been filed, there is always the opportunity to settle the case before reaching trial.
The process normally begins when the injured party files a claim with the at-fault party’s insurance company. This triggers the investigation phase. During this time, the insurance company and legal representatives gather and review pertinent evidence, which may include medical records detailing the extent of the injuries sustained, official accident reports, and statements from witnesses. The goal is simply to establish liability and the scope of damages.
After they have thoroughly reviewed the evidence, the negotiation phase will commence. The insurance company will usually throw out an initial settlement offer to resolve the claim. However, it is important to keep in mind that this initial number is rarely accurate. Injured parties have the right to present counteroffers, ensuring they receive what they are actually owed. If their counteroffer is rejected, this starts a back-and-forth negotiation until they hopefully land on a fair amount.
What Are the Advantages of Settling a Personal Injury Case?
Settling a personal injury case before court in Maryland offers numerous benefits. First, settlement allows injured parties to avoid lengthy trials. This means they will receive the funds they need to get their life back on track much sooner.
Additionally, injured parties will see reduced legal costs as they avoid the expenses associated with trial preparation, including expert witness fees, court fees, and higher attorney fees. They also have lower stress because they avoid the intense experience of a public trial and cross-examination. Furthermore, injured parties are granted more control over the outcome of the case. The terms of a settlement are generally final, meaning injured parties don’t have to worry about a lengthy appeals process.
While some cases require a full trial, some personal injury cases in Maryland can be settled. At Markey & Orsi, our legal team will ensure that the settlement covers all current and future damages. If a fair settlement cannot be reached, we are prepared to represent your interests in court and fight for the compensation you deserve. Connect with our firm today to schedule a consultation.