When Settlement Negotiations Fail

By Ashley Marks

95% of personal injury claims settle out of court. However, when negotiation attempts have been unsuccessful, the attorneys of the Hankey Law Office are willing and prepared to represent our clients in court.

Rear-end collisions, a common type of automobile accident, cause some occupants to suffer soft-tissue injuries causing neck and/or back pain. Unfortunately, cases involving soft-tissue injuries are becoming more and more difficult to settle out of court, and juries rarely award large sums of money for such injuries. This is due in part to the fact that soft-tissue injuries rarely show up on X-rays, CT scans, or MRIs.

If you are involved in an automobile collision and suffer an injury, there are several steps you can take to strengthen your claim. Once you are aware that you have suffered an injury, you should seek treatment as quickly as possible. Also, if you are ordered to undergo therapy, it is very important that you complete the therapy and attend all of the therapy sessions.

If your personal injury claim has to be litigated, the trial would follow a typical pattern. After a jury has been selected, each lawyer gives an opening statement to the jury, explaining what each side plans to prove during trial. Plaintiff’s lawyer will then present Plaintiff’s case, followed by Defendant’s lawyer presenting Defendant’s case. It is common for both Plaintiff and Defendant to testify, as well as one or more experts. Each lawyer will have an opportunity to cross-examine the other party’s witnesses and present evidence in an attempt to rebut the other party’s evidence. Once all the evidence from both sides has been presented, each lawyer will give a closing argument to the jury. The Judge will then give the jury instructions, and the jury will retire to reach a verdict.

Our skilled attorneys are here to represent you in the unfortunate event that you are injured as the result of someone else’s negligent actions. While we vigorously attempt to reach a favorable settlement for our clients, when a settlement cannot be reached, our attorneys are ready and able to represent our clients in court, in any county in Indiana. Mr. DuBach is also certified to practice in Illinois.