Q: Why would my motorcycle injury claim settle, rather than go to court?
It may be shocking to learn, but most injury claims are settled out of court. In fact, only a small percentage of personal injury cases go all the way to trial. This is because a trial typically takes longer, costs more money, and there is a small chance that a victim might not walk away from the courtroom with more money than if the claim was settled out of court.
If your motorcycle injury claim involves a minor injury—in which the extent of your injury and future medical care is known—your case may settle out of court. Even if you suffered a serious injury that you already recovered from, your injury claim may settle out of the courtroom. In the event that the full extent of your injury is not known, there is no need to rush to a settlement or trial.
Because every motorcycle accident is different and involves different injuries, it is best to work with an attorney with experience in settling cases and trying cases in court. Not all lawyers have tried a case in court, so it is critical to your case to find one with trial experience. When you do have an attorney on your side with a good trial record, the insurance company will know that and take negotiations seriously.
If your case is being negotiated, just remember that negotiations can take longer than you probably imagine. Although negotiations are generally faster than a trial would be, it can still take time for a lawyer and insurance company to go back and forth and finally get to a number that is reasonable. If you and your attorney don’t feel like the insurance company is willing to settle your case for a fair offer, you will want to pursue your case in court.
To learn more about getting the most compensation possible in your accident claim, request a free copy of our book 10 Tips to Get the Maximum Compensation After a Maryland Accident.