The vast majority – 95 – 96% – of personal injury cases settle before ever going to trial. With that said, it is necessary for some cases to proceed to trial, but in reality, only about 4-5% of cases ever see the inside of a courtroom. Plus, going to trial does involve some element of risk. There is the possibility that a jury will not find in your favor or award you any damages. This is why you always should consult an experienced Wisconsin personal injury attorney about your case, listen to the options that you have, and make a decision according to your attorney’s advice.
The claim that it is necessary to file a lawsuit and go to trial in order to get an adequate settlement in your personal injury claim is generally not true. If that were the case, many more cases would go to trial. The settlement offer that you receive from the responsible party’s insurance company is based on the facts of your case, the degree of fault, and the extent of your injuries and expenses. While your attorney may negotiate back and forth to the insurance company to some degree, in most cases, the parties are able to reach a mutually agreeable settlement figure to resolve the case outside of court.
Also keep in mind that filing a personal injury lawsuit with the court does not necessarily mean that your case will go to trial. There are statutes of limitation, or deadlines by which you are required by law to file your personal injury suit in court. If you fail to meet the applicable statute of limitation for your case, you may lose the right to any compensation at all. Therefore, it is sometimes necessary for your attorney to go ahead and file a lawsuit just to avoid any statutes of limitation problems. Your attorney can and will continue trying to settle your case, and the likelihood is that your case will settle.
Whether you choose to settle your personal injury claim out of court or proceed to trial, we are here to help. For more information about how to properly handle your personal injury claim, contact the Wisconsin personal injury lawyers of Boller & Vaughan today.
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We live in Friendship, Wisconsin, and Boller & Vaughan came to our doorstep to discuss our mother’s wrongful death claim on a Saturday morning. Not only were we pleased with the large recovery, we were so thankful to have lawyers who were willing to explain to us every twist and turn along the way. It is great to know there is a law firm that will fight for the rights of elderly people all over Wisconsin.
Mr. Boller and Ms. Vaughan were incredible in working on my case and my daughter’s case. I was out of work and in the hospital with a new baby. Mr. Boller and Ms. Vaughan protected our rights and it was a pleasure to work with them. I hope never to be in another motor vehicle accident, however, if I am and I am injured, I will contact Boller & Vaughan immediately.
I was referred to Michelle through a friend. I have never had a better experience. It took a little over a year to get my settlement but the staff there stayed in constant contact and kept me in the loop. Oh, and Michelle actually got me MORE money than we discussed. I will refer anyone to this firm. Words cannot do justice the thanks that I have for Michelle and her staff (Mary especially) thank you guys so much!
After my husband died as a result of a motor vehicle accident, Boller & Vaughan spent countless hours talking with me, meeting with me in person, and making sure that I was okay. The drunk driver who hit us did not have any insurance, and we had to make a claim through our own insurance. Boller & Vaughan was fantastic at explaining the law to me and the handling of our claims.
After my son was injured in a daycare setting, Ms. Vaughan took the time to thoroughly investigate our case and my son’s injuries. Michele was approachable and had answers to our questions. Talking with her helped to relieve many of our anxieties.
