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The Alternatives of Going to Trial for Your Personal Injury Claim


Going to court does not always sound like an easy prospect and, in fact, can become something that is wildly stressful when you are dealing with injuries and emotions that you are not used to. A very small percentage of cases actually make it to court each year. This is due to the fact that there are many other options that the victims of accidents can choose to settle their matters. Today, we would like to focus on a few as you work with your West Virginia personal injury attorney to receive the results you deserve.

The Reality of Taking Your Personal Injury Claim to Court

A small percentage of personal injury cases go to civil court each year in West Virginia. These cases are initiated by the plaintiff (or victim) of an accident, sometimes with the help of their attorney. In the event of suffering injuries at the hands of a negligent party, known as the defendant, you would file your claim with the courthouse and go through the legal system process, which means discovery, trial, and many other aspects. It can be a stressful time in your life and you will need to obtain many items of evidence, as well as suffering the reality that you might not obtain the results you initially wanted. Because of this, many individuals seek other options for recovery for their injuries.

The Alternatives for Taking Your Personal Injury Claim to Court

Many of the personal injury claims we see today do not make it to court because of a process known as a settlement. In most cases, an early settlement will take place and, if an agreement is reached between the parties, it will not proceed to court. You will negotiate back and forth with the defendant in your case to come to a conclusion about how much you should receive in the settlement so that you can keep your claim out of court. You will then sign the agreement.

Of course, there are two other options of alternative dispute resolution as well:

Mediation: Mediation claims are those that involve meeting with a third party so that you and the defendant in your case can discuss the issues that have played a role in your accident and come to a decision with one another. Mediation is very similar to settlement but differs in some ways. It allows you to have an open discussion with the defendant in your case with a mediator who helps to guide the conversation. It also absolves having to take matters to court.

Arbitration: If you choose personal injury arbitration, you will reach a fair resolution with the defendant in your case through a private meeting with an independent third party as well. Arbitration differs from mediation because the process is legally binding.

Speaking with a Personal Injury Attorney About Your Options

At Katz, Kantor, Stonestreet & Buckner, our experienced personal injury attorneys have handled a wide array of car accident claims and are fully dedicated to taking on your claim. We understand that the aftermath of a car accident can be quite overwhelming on physical, emotional, and financial levels, which is why we are dedicated to helping you during this challenging time in your life. Please reach out to us to find out what options you have after you have been injured at (304) 713-2014