What Happens When Your Personal Injury Case Goes to Court?

Posted on behalf of TSR Injury Law
on July 1, 2022 in Personal Injury

There is a common misconception that if you hire a lawyer after suffering a personal injury you will need to go to court to recover compensation. Typically, cases are resolved without needing to go to court, as the victim’s attorney can reach a settlement with the liable insurance company.

That said, there are times when cases make it to court. These are typically cases that have significant value (where insurance companies are trying to deny or underpay the claim) or when there is a true fight over fault, such as cases involving drivers who ran a light.

The thought of going to court often creates a lot of anxiety for injury clients. That is why attorneys like to explain the process to injury clients, so they know what to expect. Telling people what they need to know helps give them some peace of mind.

Below, our Minneapolis personal injury attorneys discuss the steps involved in a personal injury court case. If you were injured by another’s negligence, TSR Injury Law is ready to help you seek compensation. While some law firms are always looking to settle, we are always prepared to take cases to court if it becomes necessary. Our goal is to secure full compensation, so you can move forward with your life.

Why Do Some Injury Cases End Up in Court?

The only reason cases make it to court is because both sides cannot reach a settlement agreement. The insurance company may be unwilling to increase its offer or may have chosen to deny liability on the claim.

There are various reasons why insurance companies may be unwilling to offer more compensation. Insurance companies may think:

You do not have a strong case
Your credibility is in question
A jury is unlikely to award more compensation than the insurance company is offering

They can win in court, even though the victim has a strong case
The attorney you hired does not try cases in court and will fold

If negotiations break down, our attorneys may recommend filing a lawsuit. However, there are many factors that need to be considered before going ahead with a lawsuit. Our attorneys make sure to keep our clients informed throughout the process and explain what the next steps may be.

What are the Steps Involved in a Court Case?

The first step in a lawsuit is filing a complaint. Once the complaint is filed, the other party has a chance to respond.

Discovery

After the defendant responds to the complaint, the case enters the discovery phase. This may be the longest stage of any court case. Both parties collect evidence to help support their case, and they may share information they have collected. This allows both sides to get a better idea about the strengths and weaknesses of their case and the case the other side is putting together.

Some of the steps that may be taken during discovery include:

Asking for written answers to interrogatories (a list of questions)
Taking depositions of witnesses
Requesting that the other party produce documents

Undergoing medical exams with doctors who were hired by the insurance company

Mediation

A jury trial is the last resort for resolving a legal claim. That is why there are multiple settlement steps before a trial ever takes place. This includes mediation, which occurs when both parties in the case meet with a mediator. The mediator tries to help both sides come to an agreement on a settlement that would close the case.

Sometimes mediation is successful. The insurance company may get cold feet and not want to risk going to a trial. The longer a case goes on, the more expensive it becomes, and a jury may award much more compensation than the insurance company would need to pay in a settlement.

Our attorneys are experienced negotiators who are committed to securing fair compensation for your damages. We have worked with mediators before and been able to secure favorable settlements for our clients.

Trial

If both sides cannot reach an agreement through mediation, the case will move to a trial. There are several steps in a trial:

Jury selection
Opening statements from both sides
Presentation of evidence and calling of witnesses

Closing statements
Jury deliberations

It is important to note there is nothing preventing either side from proposing a settlement at any point of the trial. If both sides can reach an agreement, the trial stops and the case is resolved.

The insurance company may be more likely to reach out and offer compensation if they think the evidence is overwhelmingly against them.

Our attorneys are here to answer your questions about a trial and explain what to expect from each step in the process.

Jury Decision

After the jury deliberates, they will announce their decision. If your case was successful, the jury will decide to award compensation for damages. It is important to note the jury’s verdict must be unanimous.

When a case makes it to court, the resolution may not come for multiple years from the date of the accident. While there is a possibility the jury will award more compensation than you might get in a settlement, there is also a possibility the jury will award less or none at all.

However, our attorneys are not going to recommend going to court unless we think there is a good chance of success.

Contact TSR Injury Law to Discuss Your Claim

We understand this is a difficult time for you and your family and we are here to help. An initial consultation is free of charge and comes with no obligation to hire our firm.

We are prepared to guide you through the legal process. That means we can negotiate with the insurance company on your behalf, investigate the accident, gather evidence and prepare to go to court.

Free consultation. No upfront fees. Call us at: (612) TSR-TIME.

What are the Benefits of Settling a Claim as Opposed to Going to Court?

Posted on behalf of TSR Injury Law
on March 4, 2022 in Personal Injury

Many personal injury victims fear calling a lawyer because they think they will have to go to court to recover compensation for their damages. While there are cases that make it to court, most are resolved through a settlement and a trial is not necessary.

There are many advantages to settling a case as opposed to going to court. The experienced attorneys from TSR Injury Law discuss those advantages below.

If you have questions about what to do after suffering a personal injury caused by another’s negligence, we are here to help. We have negotiated countless settlements on behalf of our clients.

We understand injury victims are often uncertain about calling a lawyer, but you can speak with one of our licensed attorneys for free and with no obligation to hire our firm. If we validate your claim and you decide to work with us, there are no upfront fees and no costs while we work to help you resolve your claim.

TSR Injury Law. No Upfront Fees. Proven Results. Call (612) TSR-TIME.

What is a Personal Injury Settlement?

A settlement is essentially a legally binding contract between the two parties involved in an injury claim. The liable party agrees to provide compensation to the injury victim in exchange for the injury victim agreeing to not bring future claims over the same injury.

Settlements are usually reached after negotiation between the two parties, often the attorney for the victim and the liable insurance company. The negotiation process starts with the victim’s attorney sending a demand letter to the insurance company. In response, the insurance company can make a counteroffer and there may be multiple counteroffers between both parties before an agreement is reached.

While most settlement agreements are reached before a lawsuit is filed, there are times when the insurance company does not make reasonable efforts to settle the dispute. When this happens, you need an attorney on your side who is willing to file a lawsuit to pursue the compensation you need. That is why it is important to find a Bloomington personal injury attorney with courtroom experience who is prepared to take the case to court.

It is important to note that you may still be able to reach a settlement agreement with the insurance company, even if you have filed a lawsuit.

Advantages of Agreeing to a Settlement

These are some of the benefits of settling an injury claim as opposed to taking it to court:

Control of the Process

One of the biggest advantages of settling an injury claim is you and your attorney are in control of negotiations. If you do not like an offer from the insurance company, you can reject it and make a counteroffer. You can go back and forth with the insurance company until you reach an agreement.

Trials can be unpredictable. What if the judge excludes evidence? What if a witness’s testimony sounds unreliable?

Settling is Faster

Another advantage to settling is it takes less time to reach a settlement than to finish a trial.

A trial adds six months to a year or more to reach a conclusion. Even if you get a favorable result, the insurance company might appeal. That can drag the process out even longer.

When you settle, there is no possibility of an appeal. Signing a settlement offer resolves the situation and a check is received within weeks.

Lower Costs

Settling a case also costs less than a trial. When you go to court, there are various court costs and expenses that add thousands of dollars to the case. The goal is to get more compensation, so the added costs are a reward risk situation. No one wants to spend $10,000.00 more in costs to “win” another $10,000.00.

Going to court is costly for the insurance company as well, which is why it is often in the best interest of the insurance company to agree to a settlement. However, insurance companies may stick to a lowball offer if the victim’s attorney rarely or never takes cases to court. The insurance company knows there is little to no risk of the outcome of the case being put in the hands of a jury if the victim’s attorney never goes to trial. The greatest threat is eliminated, and the insurance company acts accordingly.

That is why it is important to have an attorney with trial experience on your side. Our attorneys have decades of experience negotiating settlement claims as well as building strong cases to present in court.

Less Stress for Victims

Trials are much more stressful for injury victims than the settlement process. During the settlement process, victims are mostly free to focus on their medical treatment. Their attorney can keep them informed throughout the process and deal with all the things involved in negotiating and trying to reach a settlement. Trials require giving testimony in front of a jury, insurance lawyers cross examinations, adverse doctor exams and the unknown of what 12 jurors will think about the case.

Ensuring You Recover Compensation

While it may be possible to recover more compensation from a trial compared to a settlement, settling ensures you receive compensation. When you go to trial, you are leaving the case in the hands of a jury. They may award you more than you would have recovered in a settlement, but there is a chance you may not recover anything.

Privacy

Settlements are also private. Both parties can decide what should remain public and private, such as the terms of the settlement. Trials become part of public record. In other words, everything the two sides said to make the other look bad will be available for anyone to look up.

Contact TSR Injury Law for Legal Assistance

For more than two decades, our licensed attorneys have been helping injury victims recover the compensation they need. While many cases settle, we are always prepared to go to court, as our goal is recovering full compensation to help you move forward.

There are no upfront fees for our services, and an initial consultation does not obligate you to hire our firm. This meeting is a chance for us to lay out your potential legal options to help you decide what to do next.

Licensed attorneys. No upfront fees. Call TSR at (612) TSR-TIME.

What Are the Differences Between Settlements and Verdicts in Personal Injury Cases?

Posted on behalf of TSR Injury Law
on August 5, 2021 in Personal Injury

Injury victims may be reluctant to file claims because they think they will have to go to court to recover compensation. However, most claims are resolved out of court without a lawsuit ever being filed.

Unfortunately, many people do not know the differences between cases that are resolved out of court and those that are resolved via a jury verdict. There are significant differences between these two results, and our experienced attorneys discuss them below.

If you were injured through no fault of your own, and you have questions about seeking compensation for your damages, call us today at (612) TSR-TIME.

What is a Settlement?

In a personal injury case, a settlement is an agreement between both parties to resolve the claim made by the victim. The at-fault party, often the insurance company representing the at-fault party, agrees to pay the victim for the damages he or she claimed. In exchange, the victim agrees not to file any claims against the at-fault party in the future.

Settlements are typically agreed to before the case reaches court. However, sometimes a lawsuit is filed and both sides are in the process of preparing for trial when a settlement is agreed to.

Settlements are reached after negotiations between both parties, often the insurance company and the attorney for the victim. Both sides could go back and forth many times before they reach an agreement. Sometimes settlements are reached quickly, other times it may take months of negotiating.

It is also important to note your Minneapolis-based personal injury attorney typically will not start negotiating until you have fully recovered or reached the point of maximum medical improvement.

However, settlements are reached much faster than jury verdicts. You also do not need to go to court or testify, which can be a significant source of stress for injury victims.

Another advantage of settling is you are not leaving the case up to a jury, which may decide not to award any compensation. On the other hand, a jury may award much more than you might get in a settlement.

It is important to note that you should never settle for less than the value of your claim. You should discuss settlement offers with your lawyer to determine if they are fair. Once you settle, you are likely unable to continue pursuing compensation for the same injury.

How Going to Court Differs from Settling

There are numerous steps involved in a personal injury lawsuit. After your lawyer files a lawsuit, you will need to wait for a trial date to be set and have a judge assigned to the case.

The next step is often discovery, where both sides gather information from each other to determine the strengths and weaknesses of the victim’s case. There may be depositions where witnesses and others are interviewed under oath about various aspects of the case. The judge in the case may also require both sides to go through some form of alternative dispute resolution to see if the case can be resolved before a trial begins.

There are many steps that happen before a trial even begins. It can take a significant amount of time to make it to trial.

Filing a lawsuit is often the push needed to make insurance companies make a better offer. Sometimes all it takes is having a lawyer with a history of going to court and recovering compensation to get the insurance company to make a better offer. That is why your choice of an attorney is so important.

Contact TSR Injury Law for Legal Help Today

There are no upfront fees or obligations for our services. Our licensed attorneys are not paid for representing you unless we receive compensation.

What this means for you is there is no risk in contacting us to discuss what happened and learn how we may be able to assist you. An initial consultation is free of charge.

For more than two decades, we have been securing favorable compensation for personal injury victims.

Call us today to learn more: (612) TSR-TIME.

Mistakes That Could Hurt Your Chances of Recovering Car Crash Compensation

Posted on behalf of TSR Injury Law
on April 28, 2021 in Auto Accidents

Car crashes are traumatic, often unexpected events. Victims may have many questions and much uncertainty about what to do. Unfortunately, this could lead to many mistakes that may hurt your chances of recovering all the compensation you need.

It is important to learn more about some of these common mistakes so you can avoid them if you get into a crash.

If you have questions after a crash, give TSR Injury Law a call to schedule a free legal consultation with a licensed attorney. There are no upfront fees for our services, and our firm is dedicated to securing maximum compensation for Minnesota injury victims.

Admitting Fault

You may bear some amount of fault for what happened. However, you might be blameless – sometimes crash victims apologize or think they could have done more when that is inaccurate. It is important not to make quick judgments about the crash, particularly when you are talking to the insurance company. If you admit fault, they will use that against you to devalue your claim.

If you have concerns about your role in the crash or think it may have been partially your fault, contact TSR as soon as possible. A licensed Bloomington auto accident lawyer can discuss the situation with you.

Waiting to Get Treatment

It is best to get treatment immediately after the crash. It is difficult to know how severe your injuries may be, as pain is often masked by adrenaline.

If you wait, you risk allowing your injuries to become much worse. You could also hurt your chances of securing full compensation for your damages. The insurance company will use the gap between the crash and the start of treatment against you. By seeking treatment immediately, you help show you are taking the situation seriously, you are injured, and you are making an effort to get better.

Accepting the First Offer

Do not be surprised if the insurance company offers you a settlement soon after the crash. They are not doing this because they want to fairly compensate you. They are trying to get a release for as cheaply as possible. Insurance companies make a profit by collecting premiums and then not paying out. If they can convince you to settle for $10,000.00 when the claim is truly worth $30,000.00, they just saved $20,000.00 for profit.

If you receive a settlement offer, you should discuss it with a licensed attorney. Unlike the insurance company, an attorney is committed to your best interests.

It is also important to remember the first offer is not the only offer. Typically, the first offer is a baseline to negotiate from. If you accept the first offer, you cannot later ask for more compensation, even if your claim is truly worth more. This would potentially include waiving future medical coverage, wage loss reimbursement or compensation for pain and suffering in the past and for the rest of your life.

Waiting Too Long to Talk to a Lawyer

If you wait too long to discuss the situation with a lawyer there may be little a lawyer can do to help you. By waiting, you risk evidence disappearing (such as video and witness’s memories) by signing releases you may waive privacy rights we cannot regain, and you may miss the timeline to start a lawsuit. For example, there is a statute of limitations (sometimes as short as two years) from the date of the crash to file a lawsuit. It takes time to build a strong case, as lawyers need to investigate, gather evidence, write a demand letter, etc.

At our firm, the initial consultation is free and comes with no obligation to take legal action. The initial consultation is to determine if you may have a case and if you may need an attorney’s help. We get paid on a contingent basis, so our fee is the same if we get hired on day one or day 100. There is zero risk allowing TSR to investigate your case and help you earlier rather than later.

Posting About the Crash on Social Media

You can continue posting things to social media while pursuing compensation after a car crash. However, be careful not to post things about the crash or things that could be used to attack your credibility.

For example, posting pictures from your vacation is a bad idea. The insurance company may use these pictures to argue you are not really hurt. If you can go on vacation and enjoy yourself, how much pain can you really be in? Are you following the doctor’s orders about physical activity?

You may think it does not matter what you post on social media, but insurance companies often review a claimant’s social media accounts to find things that can be used against them. Even if you are using privacy settings, there may be ways around them. Make sure not to accept friend requests from people you do not know, as they may be insurance company representatives snooping for information.

Unsure if You Can Recover Compensation? Call Today

Our firm has a proven track record of securing compensation for crash victims. We have recovered tens of millions of dollars in compensation over more than 20 years serving Bloomington and the surrounding areas.

The initial consultation is free and comes with no obligation to hire our firm. We take cases on contingency, which means no upfront fees while working on your case.

Get the Legal Help You Need. Call (612) TSR-TIME.

Tag: settlement