Will My Personal Injury Case End Up In a Trial?
Did you slip and fall at the restaurant, fracture yourself?
Did you decide to file a personal injury lawsuit to compensate for all the additional expenses, pain, and suffering?
And how do you wonder if your personal injury case will go to trial or not?
Well, there is no direct answer for this because it depends on various factors. But prima fascia, most attorneys and clients prefer settling their lawsuits in the pre-trial phase.
The reason is going to trial is a huge gamble.
You can’t tell how the case will turn.
If things are good for you, you may win more compensation than the defendant’s insurance company initially offered. However, if things don’t go your way, there is the risk of your receiving less payment. There are also cases where the plaintiff ends up losing the case and not receiving anything at all.
Possible Scenarios for a Settlement Before Trial Include:
- To avoid paying unnecessary attorney fees and court costs. This usually happens if the defendant’s insurer knows you will win at court. They thus prefer settling pre-trial and saving money.
- Your attorney settles for too low an amount where it proves cheaper to settle than pay lawyer fees and court costs.
- You are happy with the settlement offer the defendant’s insurer makes
Possible Scenarios for Going to Trial Include:
- Receiving a low, or no settlement offer from the defendant’s insurer, because they know they are confident of winning the case
- The insurance company setting a precedence by settling your personal injury lawsuit
- Your attorney offers a high compensation, which the insurer doesn’t want to settle without first fighting the claim.
- For principal or public good because someone has to be responsible for the negligence that caused the injuries.
Why Is It Better to Avoid Trial?
There are various reasons why both parties should avoid going to trial like:
- They can save money without having to pay lawyer fees and court expenses
- The involved attorneys can quickly close the case and move to the next case
- Lawsuits are like a gamble, full of uncertainties to both sides.
Even if you receive a higher settlement after trial, remember that you don’t receive the entire amount. The amount includes all the lawsuit expenses you need to pay, like your lawyer fees and court costs.
Often, it makes sense to accept a relatively lower settlement before trial instead of going through the hassles of a lawsuit.
Factors That Decide If You Should or Shouldn’t Go to Court
The factors that determine whether or not you should go to court include:
- Treatment costs, including upcoming medical expenses
- Extent and type of injuries suffered
- Lost wages
- Property and other damages
- Your age, income, family situation, and earning potential
- How sympathetic you are
- Community, jurisdiction, and precedence norms
An experienced personal injury attorney in Glendale who has won court cases will be able to calculate and give an estimate of your case worth.
They will then decide on the next step to take.
They may opt to accept a lower settlement offer to avoid losing the case if they feel you may alienate jurors or the judge. They may, however, aim for a higher settlement offer for drunken driving injury cases in a jurisdiction that’s serious about drunk driving.
It all depends on the case.
It is your Glendale personal injury lawyer who will be able to assess your case, reach an estimate of your case worth and decide if your topic should go to trial or not.