Settling Versus Going to Trial
Cape Coral and Lee County, Florida
When you are the victim of an injury sustained through someone else’s negligence, your suffering and monetary loss are punishment enough. However, to receive the full amount of compensation you are due, you will most likely need to hire an experienced attorney. The Florida personal injury attorneys at Lusk, Drasites, Tolisano & Smith, P.A. have a proven track record of assisting victims of personal injury and can provide an essential tool in making sure you are fully compensated.
Process of a Personal Injury Claim
The process for settling your personal injury claim will have involve steps.
Filing of the suit. Once you have retained Lusk, Drasites, Tolisano & Smith, P.A., Fort Myers, and Cape Coral’s experienced personal injury attorneys, we will file a suit of your behalf. The party being sued will then be notified of the impending suit, and be given time to obtain their own legal counsel.
Discovery. During the discovery period, all parties will be given an opportunity to collect and present their evidence to each party’s attorneys. This information will be reviewed to determine if a case can be settled, or if a trial is necessary. During this process it is imperative that all witnesses, medical documents, and pertinent information be presented to your attorney to provide enough compelling evidence that a settlement will be offered.
Settlement. After careful review of the evidence, an offer will be made for monetary compensation. This amount can be accepted or declined by the victim. If the offer is declined, a counter offer for a larger settlement can be made. This process can go back and forth until an amount is agreed upon by both parties. If no agreement can be reached, a trial date is set and the case will go to court.
Benefits of Settling Out of Court
Studies have shown that in over 60% of personal injury cases, the amount offered in a settlement exceeded the amount received by the victim in a case that went to trial. As such, it is most often in your best interest to make all attempts to settle out of court. At Lusk, Drasites, Tolisano & Smith, P.A., we will work tirelessly to ensure you receive the full amount due to you in your personal injury case in a timely and efficient manner.
If you live in Cape Coral or Lee County, Florida and have been injured through no fault of your own, please contact the experienced attorneys at Lusk, Drasites, Tolisano & Smith, P.A. to schedule your free, no risk consultation today.
