3 Strategies for Winning Personal Injury Claim Settlement Lawsuits
Around 95 percent of civil actions are resolved through negotiated settlements. This figure may come as a surprise to some. However, this is good news for claimants because it often leads to the quick recovery of substantial sums of cash. The settlements can be used to cover living expenses, pay medical bills, and move on from a traumatic event. If claimants have competent personal injury attorneys representing them, they will likely recover these funds more quickly.
Spar & Bernstein wrongful death attorneys have the means and the expertise to take your case all the way to trial and fight for you to receive the greatest amount of compensation that the law allows. This is true even if the defendant refuses to make a reasonable settlement. If that is not the case, there are numerous approaches that we can take to settle your matter before it goes to trial. Here are three popular personal injury lawsuit strategies:
1. Concentrate on gathering information.
It has been shown that beginning the preparation process early on with the collection of high-quality information is related to more favorable results. This is particularly true in the field of law. Knowledge is power. The most effective strategy for increasing the amount of leverage over the other side is to get as much information as we can. It is also important to gain that information as soon as possible.
One of the primary goals in a lawsuit is to establish all of the material facts. This includes who, where, what, and when. We investigate the statements made by accident reports, witnesses, the information generated by computers, emails, medical reports, and internal memoranda.
In addition, we secure the testimony of any unbiased individuals who are willing to testify for us. Finally, we also look for essential participants from outside the firm. These are people who can collect documents and gather contradictory or corroborating accounts. Early on, we have preliminary meetings with the witnesses in order to evaluate their strengths.
Next, the motivational facts are investigated in order to discover the points of discomfort that the opposition has. We look at disclosures that they do not want to be known and the financial concerns that may affect decision-making.
2. Prepare a Persuasive Presentation
The success of your mediation effort will be the result of the strength of your argument as well as the caliber of your presentation. You will increase your chances of getting a large settlement offer by bringing a greater number of exhibits and proof to the table. As part of our legal argument, we can consider comparing your case to others that are analogous and have been decided before yours. Depending on the specifics of the circumstances surrounding your case, a cost-benefit analysis, professional and industry standards, and expert opinions are often enlisted as resources.
3. Maintain Command of the Mediation
We always come completely prepared to ensure that our clients receive the best possible outcome from their mediation. Our lawyers arrive at every case ready to present facts, exhibits, and other items designed to persuade the jury. Furthermore, there will be a draft of the agreement ready to go. The draft will have been thoroughly reviewed to ensure that the conditions regarding payments and confidentiality are all satisfactory.
Finding a Good Attorney
It's probably a good idea to speak with an attorney unless your accident was minimal. You can always schedule a free initial session if you're on the fence about hiring an attorney. Because personal injury lawyers work on a contingency fee basis (meaning they don't get paid until you do), they'll tell you straight up if you have a valid claim.
First, gather and organize the evidence in advance of your initial meeting with an attorney. You and your lawyer will be able to make the most of your time together if you have this evidence on hand. Remember that your initial encounter with a lawyer is an opportunity to determine whether or not the lawyer is suited for you.