Will my TBI case go to trial?

When many people consider a lawsuit, they tend to immediately think of a trial in front of a judge and jury in a courtroom. While the idea of a trial can be intimidating, it is important to know that every brain injury case does not make it to this stage of the litigation process. In fact, only about four to five percent of personal injury cases in general go to trial. The rest of the cases are resolved through other means before the trial process begins. The following are some examples of possible alternatives to trial in your case.

Settling With The Insurance Company

In cases involving mild traumatic brain injury (TBI), such as a concussion, it may be possible to obtain compensation for your medical bills and lost income by filing a claim with the responsible party’s insurance company. Even if the insurance company does not make a sufficient initial offer, an experienced attorney can negotiate with the claims adjuster to try to obtain the amount you deserve without having to file a legal claim. This is more common in cases of less severe brain injury.

Alternative Dispute Resolution

If you do file a legal claim, there are ways to resolve your dispute without heading into the courtroom. Two main alternative dispute resolution methods that can be used in a brain injury case include the following:

Mediation — A third-party mediator facilitates negotiations between the brain injury victim and the negligent party (and their attorneys) to try to reach a non-binding agreement that is mutually agreeable.
Arbitration — A type of private judge called an arbitrator hears both sides of the case and makes a legally binding decision on whether or not you should recover for your brain injury.

If successful, both of the methods can greatly reduce the time, energy, and resources needed to pursue compensation for your brain injury.

Settlement Negotiations

Even if alternative dispute resolution methods are ineffective in your case, your attorney can continue negotiating with the negligent party and their counsel throughout the stages of litigation. New evidence and arguments can consistently be presented to demonstrate that you would have a strong case against them at trial and to encourage a favorable settlement. You should always have a brain injury attorney handling your case who knows how to effectively negotiate during settlement communications so that your chance of resolving your case outside of the courtroom is increased.

Discuss Your Options with a Baltimore Brain Injury Lawyer at The Casper Firm

While resolving a brain injury case before the trial stage can be preferable, it is not an option in some cases as the opposing party may refuse to agree to an appropriate settlement. You should never have an attorney who will pressure you into an inadequate settlement simply to avoid trial and you should ensure that your brain injury attorney has extensive litigation experience in case a trial is necessary to obtain a fair and just result in your case. Please call for a free consultation with The Casper Firm as soon as possible.