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What to Do When You Can’t Get Your Personal Injury Case Settled out of Court

When you’re involved in any kind of personal injury claim, you want to try to get it settled outside of court if at all possible. It will prevent taking time off of work. Settlement outside of court can also prevent you from getting out of the house if there are significant injuries that limit your mobility. If you aren’t able to get the case settled, there are a few options that are available to you.

Meet For Mediation

One of the ways that you can talk about your case in a calm setting is by meeting for mediation. This is a simple solution that doesn’t require a lot of legal expertise. Most insurance companies don’t enjoy a lawsuit, so mediation is often a good solution.

Hire an Attorney

If the insurance company just doesn’t seem to want to settle in any way, then consider seeking the assistance of an attorney, such as one from Trump & Trump. You’ll have someone on your side if you do have to go to court. The attorney can talk to the insurance company for you so that you don’t have to deal with the legal jargon and paperwork until the case is settled. Most attorneys won’t require a fee for a personal injury case until a settlement is reached, so it’s in their best interest to work as hard as they can to get the most money for you.

Leave the Decision with an Arbitrator

This is a solution that is similar to mediation. However, it involves an arbitrator making the final decision on the case instead of a judge being involved and without working with both sides to come to an agreement. The arbitrator will listen to the evidence presented and come to a conclusion that is best for everyone involved. Some decisions are binding while others are not, depending on the final agreement that is reached.

Settle In Small Claims

While this is still settling your case in court, it’s not as detailed as a typical court case. These are cases that usually don’t require a need for an attorney as a judge will listen to both sides before fairly coming to a conclusion about the settlement. There are limits when it comes to small claims court, so you need to ensure that the claim is kept under that requirement.

A personal injury claim can seem to drag on forever if it’s not settled. You want to talk with the insurance company as quickly as possible to reach a decision, even if it requires the assistance of an attorney. If you can’t settle outside of court, there are a few options to consider that could deliver results.

Author Info: Hannah Whittenly is a freelance writer and mother of two from Sacramento, CA. She enjoys kayaking and reading books by the lake. You can find her on Twitter.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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