Settlement Vs. Litigation In Personal Injury Cases

Grady Flattmann
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Local Covington, Louisiana attorney focusing 100% on personal injury matters.

Every personal injury claim is different. Each claim involves different facts and different types of injuries. However, we handle each and every one of our personal injury claims as if we are going to court. Doing that ensures that we will be prepared for whatever route your claim takes.

Let’s get one thing straight. At any point during the course of a personal injury claim, the claim may be settled if the parties agree to a resolution. This is true at any time, whether a lawsuit is filed or not. In other words, a settlement could happen from the moment an insurance claim is first filed to the time just before a jury reads a verdict, and even after that, during the appeals process.

It is true that a majority of the time, a personal injury claim may be settled without the need of filing a lawsuit (litigation). However, in some circumstances, a lawsuit must be filed. For example, if an insurance company is not being reasonable with regard to the amount due an injured person, we may be forced to file a lawsuit in order to pursue the injured person’s rights.

In other cases, a person’s injuries may be so severe that they do not know what the future holds for them in terms of medical treatment. In those cases, if we are approaching the statute of limitations (1 year in Louisiana for most personal injury claims), we may file a lawsuit in order to preserve our client’s claims.

If we do have to file a lawsuit, different rules apply to how the case is handled. Once a lawsuit is filed, it is assigned to a Judge who oversees the case. Also, we will begin talking with the insurance company’s attorneys rather than directly with the insurance adjuster. We often say that by filing a lawsuit, we get more tools in our tool chest. What we mean by that is after filing a lawsuit, we have the right to engage in discovery, including asking questions and requesting documents and other things from the at-fault party.

Depending on the court in which the lawsuit is filed, the Judge may schedule a trial date and several pre-trial deadlines in order to keep the case pushing forward. The Judge may also schedule a settlement conference so that the parties can discuss the possibility of settling the case before it gets to trial. Making a decision to file a lawsuit is always left up to our client, who is kept up to date on their case every step of the way. 

Have You Been Hurt In A Covington Area Accident?

If you've been injured in a motorcycle accident you need to speak with an experienced personal injury lawyer as soon as possible. Please contact me online or call my Covington office directly at 985.590.6182 to schedule your free consultation today. I help clients throughout Louisiana including Mandeville, Slidell, Bogalusa, Franklinton, Hammond, New Orleans and Metairie.

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