If you have been injured because of another party’s negligence or wrongdoing, you may be able to recover compensation for your damages. However, insurance companies don’t simply hand over payment for the full value of your damages without you proving that their insured was at fault and the value of your damages.
An experienced personal injury attorney can stand up to insurance companies to protect your rights and help you recover the compensation you deserve. At Rosen Injury Law, our attorneys settle the vast majority of cases without the need for court proceedings.
However, we have recovered over $100 million in jury verdicts on behalf of our clients. We possess the skills and experience to take your case to trial and recover fair compensation for your damages when necessary.
Schedule a free consultation with an experienced Fort Lauderdale personal injury attorney from Rosen Injury Law today by calling (954) 787-1500 or by visiting our contact page.
Settlement Versus Trial
If another party’s negligence or wrongdoing injures you, you have the right to file a claim to recover damages. In most situations, your claim can be resolved by settlement rather than needing to go to court.
Your attorney can investigate your accident, collect evidence to prove causation and liability as well as the amount of your damages. With this evidence in hand, your attorney can draft a demand letter to the at-fault party or their defense attorney. The letter will outline the details of your injuries and will enclose proof of your economic and non-economic losses, and request payment in the amount of compensation you are seeking. The letter typically provides the defendant a deadline to respond.
Once the letter is received, the defendant’s attorney will typically begin communicating with your attorney and usually makes a counteroffer to settle the claim. Negotiations may continue until the parties reach an agreement.
When an agreement is reached, a written settlement agreement is signed by both parties. Acceptance of a settlement offer gives up your right to seek further compensation from the defendant in exchange for the defendant paying the amount agreed upon.
When the parties cannot reach an agreement after negotiating, your attorney will need to file a lawsuit before the prescriptive period for your claim expires. A trial date will be scheduled, and pre-trial proceedings will begin. If a trial is necessary, it could take a few weeks or many months to resolve your case.
Benefits of Settling
- You can resolve your claim and secure your compensation faster.
- You have the certainty of knowing how much compensation you will receive, whereas if you go to court, you could possibly recover nothing.
- Trials are expensive and increase the amount of reimbursable costs. Additionally, some contingency fee agreements provide for your attorney recovering a higher percentage fee if the case goes to trial.
- Trials can be very stressful. Settling your claim can give you peace of mind.
Benefits of Going to Court
- You get to have your day in court, which can provide a sense of justice and closure for injury victims.
- A jury may award more in damages, especially for non-economic damages, than you can recover in a settlement.
- A trial finds the defendant guilty or not guilty of the alleged tort, whereas in a settlement, the defendant usually does not admit guilt.
How an Experienced Personal Injury Lawyer Can Help
The Fort Lauderdale personal injury attorneys at Rosen Injury Law work diligently to reach a fair settlement of your claim as quickly as possible. However, we stand ready to take your case to trial when necessary to hold the at-fault parties responsible for paying the fair value of your damages. Call (954) 519-7556 or visit our contact page and schedule a free consultation to discuss your personal injury claim.