
Once you have been through all of the detailed preparations for a jury trial, you might see why most people prefer not to go to court. People want their disputes resolved quickly and fairly. While a trial may be fair, it is rarely a timely process. Trials require months of preparation, even if the trial itself may take only a few days once you enter the courtroom.
The good news is that many cases handled by experienced personal injury lawyers are settled long before litigation would have started. And in most cases where a lawsuit is filed, the parties still settle before going to the courtroom. It is the collective experience of the lawyers authoring this book that 90 percent or more of personal injury cases handled by an experienced personal injury lawyer settle before trial.
This is in part because the job of the personal injury lawyer is to get the fullest possible information to decision-makers on the other side of the case, as early as it can reasonably be shared. Presenting your case before trial lets the defendants know you have a strong case, and is aimed at convincing them that settlement may be a better option for both sides. Remember, only you can decide to settle your case. If the other side does not make a fair offer, a jury will be able to decide the dispute.
An experienced personal injury lawyer will prepare your case, from the beginning, just as if it will ultimately go to court. This is not just in case you do go to trial - it is also because full preparation allows you and your lawyer to make the most compelling case possible in settlement talks. The facts will be gathered. The witnesses will be found. The evidence will be assimilated. The issues will be understood. The law will be applied to the facts. Demands for settlement will be presented. Through the settlement discussions, an experienced personal injury lawyer will learn all about the strengths and weaknesses of your claim. If the claim can be settled fairly, so much the better. If not, your case will be ready for litigation.
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