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Lawsuit Vs. Settlement: Which Is Better?

Many people approach the personal injury process with an either/or approach: either settle quickly or file a lawsuit. In reality, these choices are rarely this clear-cut. The lines between settlement and filing a lawsuit are often blurred, and the dance of negotiation may take some time. Here are a few facts about the lawsuit/settlement process from the personal injury attorneys at High Stakes Injury Law in Las Vegas. These attorneys have years of experience in negotiating cases and outcomes for personal injury matters such as car accidentsslip-and-fall casesdog bites and medical malpractice cases.

THE COMPLICATED PERSONAL INJURY PROCESS

People may see the personal injury negotiation process as a series of clearly defined steps, but in reality, the process is much more of a "one step forward, two steps back" progression. When the process is put into motion, there are certain things that usually happen in a predictable order, but beyond that much of the process depends on the information unique to the case. No two cases are exactly alike.

THE SETTLEMENT PROCESS

As an example, suppose a car accident victim comes into a personal injury attorney's office with medical bills, documentation of lost time at work, and witness reports that show clearly that the accident was the other driver's fault. In such a case, the attorney may attempt to move straight to the negotiation phase without filing a lawsuit. This is because the victim's evidence is clear enough to support a settlement offer and probable reciprocation on the part of the insurance company. There might be a series of back-and-forth settlement offers until the two parties reach an agreement, but the process will probably be fairly short and no lawsuit will be filed.

THE LAWSUIT PROCESS

However, if the facts of the case are in question or the victim has suffered major injuries, the process will take much longer. The attorney may elect to file a lawsuit even if he or she does not believe that the case will end up in court. Nevertheless, it is important for the victim to protect his or her rights to file a lawsuit within the time period mandated by law. Further, the negotiation process in such a case may continue for a long time, with expert witnesses weighing in and many settlement offers exchanged. Such a case may or may not proceed to court, although most cases are settled before trial.

Contact the Las Vegas legal team at High Stakes Injury Law for more information about the personal injury process and how you may be able to recover compensation for your injuries.

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“After being in an accident my friend told me to call High Stakes Injury Law. A lawyer named Brian came to my home to meet with me and started my claim immediately. The legal team was extremely efficient, responded back to me quickly, listened to my concerns, and handled everything with speed and accuracy. Every step of the way was communicated. I received my settlement in 10 months’ time. I highly recommend using Berstein and Poisson. Thank you for helping get my life back on track.”

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“Excellent service. I was in a car accident, and from the very beginning all the way to the end, they answered all my questions and guided me step by step. The communication was phenomenal. This firm really took care of me. I highly recommend High Stakes Injury Law.”

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“Very professional and friendly. A hassle-free process from the beginning. Very easy to communicate with, unlike some law firms that won’t even return your calls. I would definitely use their services again if needed.”

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book

I Was Injured In An Accident. What Do I Do Now?

By Scott L. Poisson

  • Do I Have A Case?
  • Dealing With The Insurance Company
  • When a Lawsuit Is Filed
  • Overcoming Common Defense Themes
  • Special Considerations in Specific Types of Cases