Can You File a Personal Injury Case Without Taking the Other Person to Court?

Suffering an injury can be a physically and emotionally draining experience. While the idea of filing a personal injury case can feel overwhelming, it’s important to know that many claims are resolved without stepping foot in a courtroom. Most personal injury cases are settled through negotiations. In fact, according to the U.S. Bureau of Justice Statistics, only an annual average of 3% to 5% of personal injury cases go to court. This spares both parties the time and expense of a trial.

Here, we will explore how the process works and when it might be necessary to involve the courts.

How Settlements Work in Personal Injury Cases

A settlement occurs when the injured party (the plaintiff) and the responsible party (the defendant) agree on a compensation amount to resolve the case. This can happen before a lawsuit is formally filed or after the claim has entered the legal system but before an actual trial begins.

When you file a personal injury claim, your attorney will:

Gather evidence to support your case, including medical records, accident reports, and witness statements.
Submit a demand letter to the at-fault party (or their insurance company), outlining the compensation you are seeking.
Negotiate on your behalf to reach a fair settlement agreement.

Benefits of Settling Out of Court

Here are some reasons why pursuing a settlement is often the preferred route:

Lower Costs: Trials can be expensive due to court fees, expert witnesses, and legal expenses.
Less Stress: Settlements avoid the unpredictability and emotional toll of litigation.
Faster Resolution: Negotiations usually take less time compared to lengthy court proceedings.

When a Court Trial Becomes Necessary

While many cases conclude with a settlement, there are situations where taking the matter to court may be unavoidable:

The defendant denies liability for the injury.
The insurance company refuses to offer a fair settlement.
The plaintiff seeks punitive damages due to recklessness or intentional harm by the defendant.

If your case cannot be resolved through negotiation, your attorney will prepare and present your case in court, ensuring the full scope of damages is considered.

How a Personal Injury Lawyer Can Help

An experienced personal injury attorney plays a critical role, whether your case is resolved through settlement or trial. From gathering evidence to negotiating with insurance companies and representing you in court if needed, a skilled lawyer protects your rights and interests.

Here at Beardsley, Jensen & Lee, we can help you achieve a fair resolution for your personal injury case without unnecessary stress. If you've been in an accident in South Dakota, we can help you file a personal injury claim, gather evidence, negotiate, and guide you through every step.