One of the first questions that typically arises when pursuing damages for a personal injury caused through no fault of your own is, “Will my case settle, or will this go to trial?”

There’s no straightforward answer to this question because every case features different variables that determine how things play out. So, while there’s no way to predict whether a case will settle outside the courtroom or not, we know that statistically most personal injury claims are able to be resolved through direct negotiations with the insurance company.

However, sometimes it is necessary to file a lawsuit to seek the justice you deserve.

Reaching a Settlement

Most commonly, a settlement can be reached through direct negotiations with the responsible insurance company. In working toward a settlement, the parties involved will evaluate the evidence and determine what they feel the value of the case and resulting damages is.

Once a settlement amount is agreed upon, the necessary parties will sign a legal agreement known as a Release. It is important for an experienced attorney to review the Release before it is signed to ensure that no potentially existing claims are extinguished, and that when necessary, appropriate language is included to address other parties’ interests. After the Release is agreed upon and signed, the injured party will receive monetary compensation from the settling party.

When a Settlement Cannot be reached

If a satisfactory settlement cannot be reached, a lawsuit is typically filed to secure the compensation you deserve. In these cases, damages will be awarded based on either a mediated outcome, an arbitration award, or a verdict determined by a judge or jury. At the onset of any personal injury case, it is critical to hire an attorney who will prepare your case from day one as if it will end up in a courtroom, even if that’s not where your case ends up. 

In the state of Wisconsin, once a personal injury lawsuit has been filed, the court will order both parties to try to mediate the claim during litigation. This allows for the possibility to resolve your claim outside of the courtroom. Personal injury cases can be settled up until the time of trial and in some cases, even settle in the middle of a trial. However, it is important to note that if you decide to settle, the agreed upon settlement cannot be changed. Therefore, it is imperative that you make the best decision for yourself and do not succumb to outside pressure from an insurer.

Consulting with an Attorney

You deserve to receive the appropriate compensation that corresponds with your personal injuries and any future loss of earning capacity that may result. Whether your claim results in a settlement or courtroom trial, it is imperative to work with an attorney who can be your best advocate by understanding how to evaluate such matters, and who has access to professional experts that can help make the case for the damages being sought. Contact our personal injury attorneys to schedule a consultation to discuss your case.