Understanding when to take a personal injury case to court can be complex. Many factors are considered when making such a pivotal decision. Nelson Personal Injury, LLC, based in Minnesota, has experienced personal injury attorneys committed to guiding you through this decision.
Many cases settle before having to start a lawsuit. In some circumstances, however, the case does not settle. This could be because there are questions of fault or liability, or fundamental disagreements on the value of a claim. In these circumstances, it may become necessary to start a lawsuit to try to force the opposing party to pay more. If they will not, ultimately it will be left to a jury to determine who was at fault, and what the value of the claim is.
When determining whether or not to start a lawsuit and take the case to court, we closely examine the facts of each case and try to undertake a risk analysis about the risks and possible benefits of doing so. We then aim to provide our clients with all options so that they can make an informed decision about how to move forward.
Contact our office today for a free consultation and to speak to our team about if you need legal representation for your personal injury claim.
Deciphering the Intricacies of Personal Injury Claims
Personal injury claims arise when an individual suffers harm from an accident or injury due to the carelessness or negligence of someone else. These claims can arise from various incidents, including auto accidents, slip and falls, dog bites, motorcycle accidents, medical malpractice, or even defective products.
But when should an injured person take a personal injury case to court?
Negotiating a Fair Settlement: The Preferred Approach
In most personal injury cases, reaching a fair settlement through negotiation is always preferable to starting a lawsuit and going to court. The reason for this is the lawsuit process can be expensive, very time consuming, and be invasive to the injured person’s privacy. If a fair settlement can be reached without having to start a lawsuit, it is often in the best interests of the injured person to avoid the lawsuit process. The negotiations process often involves insurance adjusters or lawyers who seek to determine if the parties can agree on compensation that satisfies both parties. If the parties can agree on a settlement, then the case will be completed without ever needing to start a lawsuit or see the inside of a courtroom.
Unfortunately, for a variety of reasons, not all cases can be settled amicably, and sometimes starting a lawsuit and taking the case to court becomes necessary.
When Settlement Negotiations Fail: The Path to Court
When settlement negotiations fail to result in a satisfactory settlement offer, it may be time to consider starting a lawsuit against the party or parties responsible for causing the accident and taking your personal injury case to court. This often happens when the opposing party disputes liability or fault for the injury, denies the nature and extent of the claimed injury, or simply refuses to offer a fair settlement.
Seeking Justice through Litigation
Starting a lawsuit is also known as litigation. Unfortunately, the litigation process is slow-moving. When starting litigation, it is important to understand that litigation can be lengthy, and can last 12-18 months or longer, depending on the court’s schedule. However, the attorneys at Nelson Personal Injury, LLC believe this fight for justice is worth taking if the circumstances call for it. While the process may be lengthy, the hope is that it will result in a higher-valued resolution of the case, either through settlement or verdict, especially in cases involving severe injuries.
The Influence of the Statute of Limitations
Another factor to consider when deciding whether to commence litigation is the statute of limitations. In Minnesota, the general rule is that personal injury lawsuits based on negligence must be commenced within six years from the date of the accident. If this limitations period passes, and the claim has not been settled or a lawsuit has not been commenced, the court will refuse to hear the case, no matter how strong it may be. Thus, in certain circumstances, if the statute of limitations period is running out in the near future, starting litigation may be necessary to protect the viability of the claim.
Understanding the Value of Legal Expertise
Deciding to start litigation on your personal injury case is a significant decision that should not be taken lightly. At Nelson Personal Injury, LLC, we strongly recommend consulting with an experienced personal injury lawyer who can help you analyze your case and have a comprehensive discussion about your options and the possible risks and benefits of each option. Should you decide to commence litigation, your personal injury lawyer will help you navigate the intricacies of the legal system.
It also must be understood that litigation can be an incredibly expensive process, especially if expert witnesses are involved. The increased costs associated with litigation is an important factor to consider when deciding whether or not you want to commence litigation on your case.
Our lawyers can evaluate the merits of your case, assess the likely outcomes, and guide you toward the best path to receive the compensation you deserve.
Choosing the Best Path for Your Personal Injury Case
Determining whether to take a personal injury case to court can be daunting. The decision should be based on many factors, including the likelihood of obtaining a fair settlement, the strength of your case, the potential compensation, and the statute of limitations.
We understand that each case is unique at Nelson Personal Injury, LLC. That’s why we offer personalized legal advice tailored to each client’s individual circumstances. We are here to help you make the best decision for your case, whether negotiating a fair settlement or taking the case to court.
Remember, any personal injury claim aims to ensure you are fairly compensated for your injuries and losses. And sometimes, achieving this goal may necessitate taking the case to court. We stand ready to fight for your rights and ensure you receive the justice you deserve.
Don’t try to navigate the difficult waters alone regarding personal injury cases. Reach out to Nelson Personal Injury, LLC – we’re here to help every step of the way.
