Trying to settle a personal injury claim can often be challenging. Unless you have a willing negotiating partner on the other side, the process can easily stall. One of the most effective ways to encourage the process is by having a Charlotte personal injury attorney representing you. It legitimizes the possibility of the claim going to court, and that can encourage the other side to reach a resolution more quickly.
There’s a wide range of how long it can take to settle a personal injury claim. In some cases, it could be just a few weeks. In other situations, there’s never a settlement, and the claim needs to go to trial to be resolved. There are several factors involved in determining how long it can take to settle a claim, although a few are more influential than others.
One of the most impactful factors in the time required to settle a claim is the complexity of the situation. The more complex the injuries, what caused them, and the costs associated, the more difficult it can be to work out the details of a settlement and what it should cover.
Another important factor impacting the time to reach a settlement is the eagerness of those involved to resolve the situation. If both parties are ready to finalize an agreement and move on quickly, then it’s possible that they will be more willing to compromise. However, if either party draws a hard line, then it may be impossible to reach a settlement.
In cases where a settlement can’t be reached, then restitution will need to be sought through litigation. It’s important to realize that there is a deadline for when a claim will have to be brought to the court’s attention that is set by the statute of limitations. For most personal injury claims in North Carolina, this is going to be three years, but there are a number of potential exceptions.
Working with a Charlotte personal injury attorney is often a critical part of reaching a settlement. They can negotiate on your behalf, encourage the process along, and, if necessary, identify the proper statute of limitations for your claim and see that it is brought to court.
Whether to settle a claim or go to trial is a decision that is going to be dictated largely by the circumstances of your claim and your personal preferences. In most situations, going to trial offers the maximum payout that you could hope for. However, a trial is also a risky proposition, and there is also a chance that you could end up with much less than you had hoped for or even none at all.
In this context, a settlement, even for a little less than the maximum payout, does have some distinct advantages. The element of risk is eliminated when you choose to settle instead of going to court. You will receive whatever the negotiated amount is according to the signed agreement.
Additionally, there is also generally an advantage in terms of time with settling if you are able to work with someone else interested in resolving things quickly. This could mean receiving the funds that you need months or even years before a trial would finish.
A: Personal injury law applies to situations where a party’s negligence has led to injuries, usually through an accident, that the injured party wouldn’t have otherwise suffered. While these may occasionally be the result of some maliciousness, it is more frequently some kind of error that has led to the injuries. Some of the more common forms of personal injury claims include:
A: The costs that an injury creates will often be specific to the injury, so you will have the opportunity to collect restitution for those injuries that are a direct result of the other person’s negligence. In most cases, this will consist of economic damages, including both present and future medical bills, property damage, lost wages, and lost earning capacity. Additionally, non-economic damages, covering pain and suffering, PTSD, mental anguish, and other psychological costs are also paid.
A: Punitive damages are only awarded in some personal injury claims. They are usually only considered in cases where there was malicious intent on the part of the defendant or where their behavior was otherwise egregious. These damages then act as a punishment and deterrent for that kind of behavior. Your personal injury lawyer can give you a better idea if punitive damages are possible in your case once they take a close look at the injury for which you’re seeking damages.
A: When an injury ends up leading to someone’s death, it can add even further burden to the family. In these cases, surviving family members may be able to file for a wrongful death claim. These claims are very similar to personal injury claims; however, they also have added measures to cover costs related to the death, including funeral and burial costs.
The process of seeking restitution for personal injuries can often be challenging. That’s true whether you’re trying to seek a settlement or taking the claim to trial. More often, there will be an insurance company on the other side who is not going to easily come to a decision to pay what they should. Still, you are owed compensation for the medical bills, lost wages, psychological impact, and other costs associated with your injuries.
A Charlotte personal injury lawyer can often be critical to getting proper compensation for what happened to you. At Ayers, Whitlow & Dressler, we’ve helped clients settle their claims quickly and fairly. When that isn’t possible, we are prepared to take the claim to court if that’s what it takes. Our clients can count on the help of an experienced and dedicated team that’s prepared to get them the compensation that they’re owed. Contact us today if you’re looking for help with your personal injury claim.