In 2023, there were 62 million injuries in the United States. Personal injury cases are incredibly common. One of the first questions most of our clients ask is if their personal injury case will go to trial.
The reality is that even though there are many, the vast majority of personal injury cases are settled outside of court. However, sometimes, it is in a client’s best interest to battle it out in the courtroom.
Below, we will discuss the factors that may affect whether or not your accident case will go to trial. The best way to find out if your case is expected to go to trial is to discuss the details with an experienced personal injury lawyer. They can help you understand your case’s trajectory and prepare for the future.
What Causes Personal Injury Cases To Go To Trial?
There are many different reasons why a personal injury case may go to trial. To understand the reasons why it is helpful to learn about the process.
Steps In A Personal Injury Case
Most personal injury cases begin with an insurance claim. The injured party makes a claim with the defendant’s insurance. If the insurance company accepts and pays out the claim, then the case will settle quickly and won’t go to trial. However, if the insurance company denies the claim or tries to offer less than the plaintiff’s damages, then the plaintiff could file a lawsuit.
Once a lawsuit is filed, the parties will undergo discovery. Discovery is a process where the parties turn over evidence, and the lawyers engage in depositions. During this timeframe, the parties may discover that their case is stronger or weaker than they previously anticipated. Because of this, there are generally a lot of settlement negotiations during the discovery process.
If the case proceeds, there will be pretrial motions and then a trial. A case may settle at any point until a jury verdict is reached.
Reasons Personal Injury Cases Go To Trial
The ultimate reason that personal injury cases go to trial is that the parties cannot reach an acceptable agreement. However, it is a bit more nuanced. Some of the reasons that cases end up in court are:
- The defendant disputes all or partial liability.
- The case is a very high value.
- The damages or injuries are in dispute.
- The plaintiff is seeking punitive damages.
- Previous settlement offers were inadequate.
- There is a complex or novel legal issue.
- The defendant or insurance company is refusing to negotiate.
Sometimes, an attorney can predict whether or not a case will end up in trial from the beginning.
Is It Better To Go To Trial Or Settle Outside Of Court?
Whether it is better to go to trial or settle a case depends on the specific case.
If a plaintiff has a strong case and the defendant refuses to settle, it may be better to take the case to trial. The plaintiff may feel confident that they will win the case and receive full damages from a jury. Similarly, if a defendant strongly believes they are not at fault, it may be in their best interest to go to trial.
Alternatively, if a plaintiff is not confident in their case, they may accept a settlement. Accepting a settlement for less damages than they had hoped is still a better outcome than risking a trial and receiving no damages at all. Typically, defendants are willing to settle for some amount to avoid the risk of trial, too.
The only downside to going to trial is the time it takes from filing the lawsuit to receiving a jury verdict. Even though it is a lengthy process, plaintiffs don’t have to worry about paying costly legal fees along the way.
Most personal injury lawyers charge a contingency fee. That means the plaintiff only pays the lawyer if they win the case. If they lose at trial, the plaintiff doesn’t pay anything. Furthermore, payment only comes at the end. This gives plaintiffs the opportunity to pursue justice at trial, even if they are struggling financially.
How Can I Avoid Going To Trial?
Going to trial can be a stressful process. Many plaintiffs prefer to settle their case, even if they are confident that they would win at trial. Not going to trial helps clients get paid faster and avoid having to testify or reveal intimate details of their lives. This can be very traumatic depending on the type of accident and how someone is affected.
The best way to avoid going to trial is to hire a personal injury lawyer to represent you. A personal injury lawyer can negotiate with the insurance company to get a full settlement offer. The better the settlement offer, the less likely you are to need to go to trial.
If your attorney can’t get a settlement from the insurance company, they can file a lawsuit and negotiate with the defendant’s attorney. It is highly likely that they will get some sort of settlement offer throughout the process.
Remember that just because a trial is scary doesn’t mean it isn’t worth it. Plaintiffs should think long and hard before accepting a settlement and giving up their right to a trial. Ultimately, they can’t go back and change their decision later.
A Personal Injury Lawyer Can Help You Understand If Your Case Will Go To Trial
If you want to learn more about whether or not your case will likely go to trial, contact a Chicago personal injury lawyer. Zayed Law Offices Personal Injury Attorneys will listen to your story, explain your rights, and discuss the most likely outcome in your case.
We help our clients get the best possible outcome in their case. We aren’t afraid to fight for them at trial or negotiate for a fair settlement. Call us to schedule a free consultation today at (312) 726-1616.
