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How is a personal injury lawsuit resolved?

If you’ve decided to file a personal injury lawsuit after suffering an injury as a result of another person’s negligent or intentional misconduct, you should understand the ways that you can obtain the compensation you need. There are two main ways to get compensation. The first is through a formal lawsuit. The second is through an informal settlement.

With a formal lawsuit, you file a complaint against the other person or business that caused your injuries. You may allege that they acted irresponsibly or negligently. For example, if you fall because of a wet floor that was unmarked, you may be able to file a claim. Since the business was negligent, you suffered an injury. Now, you want to seek compensation for what you’ve gone through.

If a formal lawsuit isn’t for you, an informal settlement may be better. In most cases, an informal settlement is what happens. With an informal settlement, both sides communicate and negotiate. Over time, your attorney will negotiate a fair settlement with the other side. If a fair settlement is not settled on, then your case may go to trial where a judge or jury will make the final decision on how much you should be compensated.

Sometimes, it’s in your best interests to go to trial, like if the insurance company doesn’t want to pay out what you need to cover your medical expenses or if the crime was particularly heinous. Your attorney can help you understand which of these resolutions would work best in your case and what you can do to resolve your case as quickly as possible.

Source: FindLaw, “Personal Injury Law: The Basics,” accessed July 28, 2017