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Do Injury Claims Always Go To Court?

  • By Robert Stahle
  • 16 Aug, 2017
Personal Injury Attorney Sioux City IA

Many people who hire a personal injury attorney Sioux City trusts are nonetheless unsure about the process and what to expect. One of the biggest concerns is often whether or not they can expect to go to court for their case.

Many clients are relieved to learn that the minority of personal injury cases actually have to go to trial. A great many are settled out of court once a settlement that is agreeable to both parties is made.

Determining the Settlement Amount In a Personal Injury Case

Sometimes the act of signing on with a personal injury attorney Sioux City knows and trusts is sufficient to let the other party know you’re serious. Sioux City personal injury attorney Fitch & Stahle is highly versed and experienced in the law.

Once you have communicated the details of your situation, we will let you if you have a strong case. We will advise you on your rights, options and how best to proceed. The goal is to procure a fair and reasonable settlement based upon the pain and suffering you've endured throughout your personal injury incident.

In order to calculate this amount, it is crucial that you provide all relevant details related to the case so that this number can be accurately determined.

Some of the factors that go into personal injury compensation figures include:

  • Property damage/loss
  • Medical bills
  • Amount of lost wages
  • Costs associated with pain and suffering


Your attorney can then investigate the facts in light of the laws, regulations and legal parameters related to the case. Your Sioux City attorney will work to assess all of the factors involved in your injury case, including:

  • Examining police reports
  • Speaking with witnesses
  • Reviewing medical bills
  • Evaluating lost wages


However, the phrase “fair and reasonable” is fairly subjective. It could mean something different to the insurance company than it does to the client. While a settlement amount may be proposed, it could be rejected by the other party. It could also be countered with a lower settlement amount.

If an amount agreeable to both parties cannot be determined, your personal injury case will have to proceed to court. However, both parties should be aware that a trial will increase the costs that must be spent by both parties regardless of the eventual settlement amount. Both parties are taking a risk by going to trial, as neither one can be sure how the case will be decided.


Having Reasonable Expectations

Your personal injury attorney can advise and guide you through every step of the legal process. Clients should be aware that a personal injury lawsuit is not intended to set up the plaintiff with a windfall; the goal is to cover the losses, expenses and pain and suffering experienced as a result of the incident. If the at-fault party offers a settlement that meets these goals, it is advisable to accept it and avoid going to trial.

Have you experienced a personal injury? Count on Fitch & Stahle Law, the personal injury attorney Sioux City trusts for expert legal advice and representation.
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