If you’ve been injured due to someone else’s negligence, the prospect of a personal injury case can feel daunting. Images of courtroom dramas and lengthy trials might dance in your head. But the good news is, most personal injury cases do not go to court.
So, when does a personal injury case go to trial? Let’s explore some factors that can influence this decision:
Reaching a Settlement: The vast majority of personal injury cases (around 90%) are settled outside of court. This means both parties – you and the at-fault party’s insurance company – come to a mutual agreement on a compensation amount to cover your medical expenses, lost wages, and other damages.
There are several advantages to settling. It’s generally quicker and less expensive than going to trial. You also have more control over the timeline and avoid the uncertainty of a jury verdict.
Factors Affecting Settlement: Several factors can influence whether a case reaches a settlement or goes to trial. These include:
- Severity of Injuries: Serious injuries with long-term consequences usually involve higher compensation demands, which can complicate settlement negotiations.
- Liability: Clear-cut liability strengthens your case for a fair settlement. Conversely, disputed fault can lead to drawn-out negotiations or even a trial.
- Insurance Coverage: If the at-fault party has sufficient insurance coverage, reaching a settlement is more likely. However, if coverage limits are low or the responsible party is uninsured, a trial might be necessary.
When Trial Becomes Necessary: If settlement negotiations break down completely and you believe you deserve more compensation than what’s offered, your attorney might recommend going to trial. This is a complex process with its own set of pros and cons, and your lawyer will guide you through every step.
The Takeaway: While the possibility of a trial exists, most personal injury cases are settled out of court. Consulting with a skilled attorney is crucial to understand your options and navigate the settlement process effectively. They will assess your case, fight for fair compensation, and advise you on the best course of action, whether it’s reaching a settlement or going to trial.
See Also- How Do I Know If I Have a Viable Personal Injury Case?