Should I Settle or Go to Trial? Lawsuit Funding Can Help


. By Mark Bello

You have been injured as a result of someone else’s negligence. Do you have a personal injury case? Do you need an attorney? If you have a personal injury claim, damages can include medical treatment, lost income, and pain and suffering. These claims are usually strongly contested by the insurance company or corporate defendant. However, damage recovery does not always require a trial and/or jury verdict. The vast majority of cases are settled out of court; but before settling any personal injury lawsuit you should retain, or at least consult with, an attorney who has experience handling the type of case you are pursuing. You should also consider speaking to a pre-settlement lawsuit funding specialist before settling your valuable case too soon, for too little.

Let’s examine both suggestions:

With an experienced personal injury attorney by your side, you will, in most circumstances, substantially increase the likelihood of success and the amount you will recover in the case. An experienced personal injury attorney will evaluate your case and determine appropriate compensation. The retention of an attorney and the filing of a lawsuit demonstrate a serious level of commitment to a just outcome. A lawsuit does not prevent or delay settlement; it provides the experienced attorney the opportunity to negotiate the best settlement offer from the defendant, with the litigation clock ticking against that defendant. Even after the filing of a lawsuit, the vast majority of cases are settled out of court. Pre-trial settlement reduces your litigation costs, is less time consuming, less stressful, and eliminates uncertainty; it brings control to an otherwise unpredictable outcome (judgment or jury verdict). If I have learned anything about personal injury litigation, it is that judges and juries are absolutely unpredictable. Crowded judicial dockets make the process of actually going to trial quite lengthy. Thus, if a fair settlement can be negotiated, it will result in “faster” compensation for you and your family.

However, corporate greed can often prevent a fair settlement from being reached quickly. Insurance companies and deep pocket defendants are infamous in delaying proceedings and denying fair resolution. Insurance companies and deep pocket defendants have all the time and all the money in the world; I suppose their dollars feel better in their pockets than in yours. Thus, plaintiffs are often forced to pursue cases to or near scheduled trial dates. The process of getting to or close to a trial date can take months, even years and there are no guarantees that a jury will award damages. In the meantime, the insurance company will continue delay, deny, and defend. Insurance adjusters and attorneys are not injured, they are not missing work. Settlement or not, they can feed their families and take care of life's necessities. Unfortunately, the financial need of the plaintiff will often result in a diminished recovery. The insurance company makes a low settlement offer, which financially strapped plaintiffs are tempted to accept. If the plaintiff rejects the offer, how does he/she survive financially while awaiting case resolution? This is where an experienced legal finance company is a good partner to have.

If you have been injured, are pursuing a lawsuit, and need money to buy time to get the settlement or verdict you deserve, lawsuit funding should be seriously considered over an early, less than full value, settlement. Litigation funding can help buy you precious time to develop your case and your damages; it provides cash now for your important bills and expenses (mortgage, rent, food, transportation, medical/hospital treatment, etc.) while giving your attorney the time he needs to get you full and fair compensation. So, don’t give up; don’t give in because of financial pressures; investigate pre-settlement funding services from an experienced lawsuit funding provider. Together, your attorney and your lawsuit financial service provider will work hard to get you appropriate justice.


Pre-Settlement Legal Funding Help

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