Do West Virginia personal injury claims usually go to court?

Miley Legal Group

No, personal injury claims do not usually go to court.

Many parties will attempt to settle out of court, so the case will only go to court if no agreement suitable to both parties has been made and if your West Virginia personal injury attorney believes you have a strong case.

If the victim refuses the offer, the party at fault may try to counteroffer with a larger amount of compensation. They may also use arbitration or mediation with a third party.

If no agreement can still be reached, the victim may then have the case go to trial to have a judge decide. This is so the victim can get fairly compensated for his injuries. Although victims should not expect a multi-million dollar judgment, the victim should be reasonably compensated for:

  • lost wages;
  • medical bills; and
  • pain and suffering.

There are many advantages to settling personal injury claims out of court. First, court cases can be costly, with court and lawyer fees. Court cases can be lengthy and stressful for all involved. Settling out of court helps the victim get back to a normal life quicker.

Settling in court has its advantages as well. First, if you let the judge decide your case, you can often receive a bigger award. You will have the opportunity to explain what happened and have it documented in the court of law. In addition, if the case doesn’t go in your favor, you can file an appeal.

Your personal injury attorney can determine whether or not you should settle out of court. He or she can review any settlement offers with you and inform you of the amount of compensation you should expect to receive in your situation.