Personal Injury Claims in Charlotte: Settling Before Trial
Avenues for settling your NC personal injury case before trial
If you've been injured in an accident and are pursuing a personal injury claim, you may be wondering if settling your case before trial is a good option for you. While every case is different, settling your personal injury case before trial can have significant advantages, including a quicker resolution, lower costs, and reduced stress.
At Price, Petho & Associates, we understand that the aftermath of an accident can be overwhelming, and we're here to help you explore all your options for resolving your case. Our experienced attorneys have helped many clients negotiate successful settlements and will work with you to determine the best course of action for your case. In this guide, we'll discuss the benefits of settling your personal injury case before trial and provide you with valuable information to help you make an informed decision about how to proceed. Whether you're just starting your case or have already received a settlement offer, we're here to help you understand your options and protect your rights.
Frequently Asked Questions about the discovery process
What is arbitration?
Before proceeding to trial, you may decide it is in your best interests to attempt to settle outside of court. You have several avenues in which to do this, one of which includes arbitration.
Arbitration in a personal injury case is a form of alternative dispute resolution (ADR) that is used as an alternative to traditional court proceedings. In arbitration, a neutral third party, called an arbitrator, is selected by the parties to hear the dispute and make a decision.
During an arbitration hearing, the parties present their arguments and evidence to the arbitrator, who then makes a decision that is binding on both parties. The process is typically less formal than a traditional trial, and the rules of evidence and procedure may be more relaxed.
Arbitration can be used in a variety of legal disputes, including personal injury cases, contract disputes, and employment disputes. It is often used as a faster and more cost-effective way of resolving disputes compared to traditional litigation.
Non-binding versus binding arbitration
Non-binding arbitration and binding arbitration are two types of arbitration that differ in the finality of the decision made by the arbitrator.
- Non-binding arbitration is a form of arbitration where the decision made by the arbitrator is not final and is not legally binding on the parties. Instead, it is used as a way for the parties to assess their case and reach a settlement agreement. After the non-binding arbitration hearing, the parties can still choose to pursue a trial or negotiate a settlement.
- Binding arbitration, on the other hand, is a form of arbitration where the decision made by the arbitrator is final and legally binding on the parties. The parties agree to abide by the arbitrator's decision, and there is no further opportunity for appeal or litigation.
In binding arbitration, the parties typically agree in advance that they will not pursue traditional litigation and that the decision made by the arbitrator will be final. This type of arbitration is often used in situations where the parties want a faster and more cost-effective way to resolve their dispute than traditional litigation.
What is mediation?
In a personal injury case, mediation is another form of ADR that involves a neutral third party, called a mediator, who helps the parties in the dispute reach a mutually acceptable settlement.
Mediation in a personal injury case typically takes place after a lawsuit has been filed and before the case goes to trial. During mediation, the parties and their attorneys meet with the mediator to discuss the case and attempt to negotiate a settlement agreement.
The mediator does not have the power to make a binding decision, but rather helps the parties to identify the key issues in the dispute and work towards a resolution. The mediator may provide guidance and suggestions, but ultimately, it is up to the parties to agree on a settlement.
Mediation can be a useful tool in personal injury cases because it can help to avoid the expense and uncertainty of a trial. It also allows the parties to maintain control over the outcome of the case and can help to preserve relationships between the parties.
If a settlement is reached through mediation, the parties will sign a settlement agreement, which is a legally binding document that outlines the terms of the settlement. If a settlement is not reached, the case may proceed to trial.
What happens if I settle my personal injury case before trial?
If you settle your personal injury case before trial, it means that you and the defendant (or the defendant's insurance company) have agreed to a settlement amount that will be paid to you in exchange for releasing the defendant from liability for your injuries.
Here are some things that may happen if you settle your personal injury case before trial:
- You will receive your settlement funds. Once the settlement agreement is signed, you will receive your settlement funds. The amount of the settlement will be based on several factors, including the severity of your injuries, the extent of your damages, and the strength of your case.
- You will give up your right to sue. When you accept a settlement, you will typically be required to sign a “release of liability,” which means that you give up your right to sue the defendant for any additional damages related to the same incident. In other words, the settlement is the final resolution of the case.
- You avoid the uncertainty and expense of a trial. Settling your case before trial can save you the time, expense, and emotional toll of going through a trial. Trials can be unpredictable, and there is always a risk that a jury may not rule in your favor.
- You may be able to receive your settlement faster. Settling your case before trial can often result in a faster resolution than waiting for a trial date, which can take months or even years to schedule.
Settling your personal injury case before trial can provide a faster and more predictable resolution to your case. However, it is important to consult with an experienced Charlotte personal injury attorney to determine whether it is the best option for you.
Do you have a personal injury lawyer near me?
Yes, we do. While our central office is located at 1430 Elizabeth Ave. in Charlotte, we have additional satellite offices located in Rutherfordton and in Rockingham. If you’re too ill to come to our office, we will make arrangements to see you at your home, a healthcare facility, or through a video conference.
Charlotte injury and accident attorneys working for you
If you or a loved one has been injured due to someone else's negligence, don't hesitate to reach out to the experienced personal injury lawyers at Price, Petho & Associates today. We are dedicated to helping our clients get the justice they deserve and the compensation they need to move forward with their lives. We will work tirelessly to investigate your case, gather evidence, and negotiate with the other party to achieve the best possible outcome for you. Reach out to us today by calling our offices or completing our contact form. Serving Charlotte, Rockingham, Rutherfordton, and North Carolina.