Do All Personal Injury Claims Go to Trial?

Most claims are settled by negotiation or mediation. However, our Los Angeles personal injury lawyers will go to court when it’s in the client’s best interests.

How your particular claim will turn out depends on many factors, including the severity of your injuries and the strength of your legal team. Having a skilled attorney with years of experience in this practice area is your best chance for receiving maximum compensation. Contact us at Ellis Injury Law today for a free consultation.

Unpacking the personal injury claims process

There’s no such thing as a “typical” case. However, here are some of the ways the legal process can unfold.

  • Sometimes the process is smooth and straightforward:  When liability is clear and uncontested, and the other side is cooperative– it may only take minimal time for you to receive your compensation.
  • Other times, more work is required: When evidence is sparse, or the issues surrounding the case are more complex. For example, you’ve been hit by a school bus, so the process of filing and establishing liability becomes more time-consuming. Still, in most instances, these claims are settled successfully, either by direct negotiation or with a mediator’s help.
  • Occasionally, going to court is the only solution: When the defendant or their insurance company refuses to make a fair offer or tries to intimidate the accident victim.

An experienced personal injury lawyer from our firm has dealt with all of these scenarios, and in each instance, we make every effort to reach a speedy, amicable solution. But, as noted above, we will go to court when the situation demands it—if, for example, the other side is intractable and will not agree to a fair settlement. At Ellis Injury Law, we believe our clients deserve the very best representation we can provide.

What to expect during your personal injury claim

While each case is unique, most claims do follow an established set of chronological steps. These include:

  1. The initial consultation: This is the “get acquainted” phase of the process. It’s your chance to decide if we are the right law firm for you.
  2. The analysis of evidence: Our Southern California personal injury attorneys will go through your accident reports, medical records, and witness testimony with a fine-tooth comb. Even the smallest detail can make a huge difference to your case.
  3. The demand letter: At the right time, we will send a formal letter to the other side, demanding a set amount of compensation. This typically occurs after your injuries reach the point of maximum medical improvement (MMI)– more on this below.
  4. The other side responds: If they offer a fair and reasonable settlement, all is good. If not, then we will either negotiate, seek a mediator, or file a lawsuit on your behalf.
  5. The matter is resolved: After it’s all over, you’ll face the future with added confidence, knowing that together we have done everything possible to get you the compensation you deserve.

Understanding the importance of MMI

For example, your accident caused you to lose six months of work, and now you have a total of $300,000 in medical debt.

In addition, you must go back to school to learn a new trade, as your injuries make it impossible for you to practice your old profession. With tuition, books, and other expenses, the total costs of your retraining are likely to exceed $50,000.

With this information in hand, our attorneys can calculate a reasonable amount of compensation to demand from the other side. But this requires waiting until you’ve achieved your maximum level of medical improvement, or MMI.

Contact us today for a free consultation

At Ellis Injury Law, we have the experience and the skill to build the strongest possible case on your behalf. That’s how we have recovered more than $350 million for our clients over the years.  Contact us today.