Is a Personal Injury Lawsuit Always Necessary?

Monday, December 21, 2020

Is a Personal Injury Lawsuit Always Necessary?

Written by Malman Law, reviewed by Steve J. Malman.

Most personal injury claims can be settled without filing a lawsuit and going to court. A settlement is preferable to going to court for both parties to a personal injury case. An experienced attorney can help you determine the best direction for your claim.

Personal injuries happen every day through car accidents, pedestrian accidents, boating accidents, slip and falls, defective products, medical malpractice, and many other circumstances. Depending on the extent of the injuries and the circumstances, those injured might simply go on with their lives, file an insurance claim, or hire a Chicago personal injury lawyer to handle the ordeal for them. 

If you’ve been injured, you should know that the vast majority of insurance claims settle before ever reaching a courtroom. A personal injury lawsuit is not always necessary, but a personal injury claim is often necessary.

The Benefits of a Settlement

It’s always best to meet with a Chicago personal injury attorney after sustaining an injury that occurred due to someone else’s negligence or carelessness. The attorney can determine whom you should file a claim against and if they can help you. Typically, if you suffered more than minor injuries or property damage, it’s like that an attorney can increase your claim’s value.

It’s beneficial for both the injured party and the at-fault party to settle the claim out of court. By doing so, they:

  • Decrease their legal expenses
  • Resolve the claim sooner
  • Have more control over the outcome—the at-fault party’s insurance company isn’t at risk for paying more than they want to, and the injured party isn’t at risk for receiving less than they want

Often, a skilled Chicago personal injury lawyer can negotiate a fair settlement on your behalf. You will never have to be inside of a courtroom.

When is a Personal Injury Lawsuit Necessary?

Sometimes, the injured individual isn’t satisfied with the settlement offer presented to them by the insurance company. Despite many rounds of negotiations, the two parties aren’t able to agree on how much of a settlement is fair.  

Under these circumstances, your Chicago personal injury attorney will let you decide if you want to accept a settlement or pursue your claim in court. Your attorney can also offer their advice about what they think you should do based on past experiences. However, the decision is ultimately yours. 

If the insurance company isn’t willing to offer you a settlement that you believe is fair and you have a strong case, a personal injury lawsuit might be necessary. 

Discuss Your Claim with an Experienced Chicago Personal Injury Lawyer Today

The knowledgeable personal injury lawyers at Malman Law are ready to help you if you were recently injured by someone else. We offer no-obligation case reviews. During this review, we will study the details of your circumstances to determine the best course. If we can help you, we will work hard to get you a full and fair settlement without going to court. 

Take the first step by calling (312) 629-0099 or use our online contact form.

Steve Malman

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.

Years of experience: +30 years
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024

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