There are several methods that can lead to resolution in a personal injury or wrongful death case: negotiations and settlement, mediation, or litigation. Even if a lawsuit is filed, settlement is still possible and negotiations will continue. Only a small percentage of lawsuits actually go to trial, if the case was properly prepared.
Many personal injury claims are settled after negotiations with the tort-feasor. Sometimes a claim can be settled without the need for filing a lawsuit. But most of the time, a lawsuit will be filed. As soon as the damages can be clearly established, settlement negotiations can begin.
There are occasions when the parties submit the dispute to “mediation.” The parties meet with an independent third person, usually an experienced lawyer or retired judge, who assists the parties in arriving at a settlement. The results are not binding. It is informal, and less expensive than a trial. If that is an option in your case, your lawyer will discuss it with you.
In most cases, it will be necessary to file a lawsuit to receive an adequate recovery. Filing the lawsuit is the first step towards a formal resolution of the claim – a trial. Before filing suit in your case, we will obtain your permission and explain to why we believe a lawsuit should be filed.
If a fair recovery cannot be obtained through negotiations and/or mediation, it will be necessary to take your case to trial. The injury attorneys at Broussard & Hart, L.L.C. take pride in their trial skills, and are highly regarded in the legal community for their trial success. It is only the threat of trial that ultimately extracts reasonable settlements in most cases. But sometimes, for whatever reason, a reasonable and fair settlement cannot be reached and the case is taken to court.
While some cases may be tried to a judge only (called a bench trial), most serious injury and death cases are jury trials.
When Thomas Jefferson was asked to identify the most important right secured by the United States Constitution, Jefferson responded without hesitation “trial by jury.” Justice dispensed by a jury is justice based on community standards. You can rest assured that if your case must be tried to a jury, Broussard & Hart attorneys are skilled at jury selection and persuasive case presentation. Your Broussard & Hart attorney will stand with you, leading the way through trial, from voir dire and opening statement through closing arguments and verdict.
Your Broussard & Hart attorney will be with you throughout the process, ready to answer any questions you may have. Our law firm handles injury claims resulting for dangerous properties, dangerous equipment, and dangerous railroad crossings. If you would like to schedule a free, confidential consultation with one of our attorneys, please contact our office.
- First Steps in Your Case
- Resolving Your Injury Case
- What is the Value of Your Case?
- How Long Will it Take to Resolve Your Case?
- General Instructions for Injury Clients
- Comparative and Contributory
- Statutes Of Limitations
Wrongful Death Attorney
Personal Injury Attorney