If you or your loved one has been injured in any form of accident, you definitely would want to know how to settle the case best. One important question is whether or not your injury case will go before a jury. In fact, it’s one of the most common questions personal injury attorneys are asked.
This question applies to essentially all types of injury cases, whether:
- A car or motorcycle accident
- A Mishap at work
- The use of a defective product
- An animal attack
- Dog bite
- Bicycle accident
- Wrongful death
Your case’s procedure will significantly depend on the details of the injury. It helps to know that most cases don’t go to trial. It’s estimated that approximately 95% of all personal injury cases settle in the pre-trial phase.
So, which factors determine whether your personal injury case goes to trial or settles in the pre-trial phase? Also, should you take the risk of handling a personal injury lawsuit without a lawyer?
Let’s find out.
What Are the Chances That Your Injury Case Will Go to Trial?
Chances are that your case will likely end up in a settlement. Compensation is done in a settlement compromise with the person liable for your injuries or defendant. Many people decide to work through the settlement process instead of the long, complex litigation process for civil cases. People tend to believe that trial is often a huge burden both for the plaintiff and the defendant. It is said that litigation can be costlier, needs much effort and time, and is almost uncertain.
As a prosecutor, you’re likely to opt for a trial if you believe you are not being taken seriously. You can also proceed with litigation if you’re not getting fair and reasonable compensation for the damages resulting from the accident.
The insurance companies can be a significant stumbling block to the plaintiff not receiving justice in their compensation. They always resist paying what they should for the insurance claims. They apply tactics and strategies to uphold low claim amounts.
Insurance companies will hold firmly to what is believed to be an unfair settlement offer. They do this with restraints that you will accept a low but guaranteed sum instead of proceeding to trial.
The case will likely end up in trial when you experience such a standoff with the insurance company. If you have a personal injury lawyer, they’ll most likely advocate that the case proceeds to court.
Other Reasons Why a Case Might Proceed to a Trial
Both Sides Disagree on Liability
It will be challenging to agree if both the defendant and the plaintiff disagree over who should bear the responsibility for the case. Defendants will not want to pay if they believe they aren’t responsible for the damages resulting from the accident. Equally, plaintiffs will want to avoid paying if they think the defendant’s liability is apparent and should not be disputed further. In such instances, the case will likely end up in court.
Both Sides Are at Odds About the Claim Value
The procedure for the personal injury claim often calls for both parties to evaluate the injury evidence. The parties should help in determining the plaintiff’s claim value. It is simpler to place value on the economic damages. Such include medical bills and lost wages from a job. On the other hand, it is more challenging to place value on non-economic damages like pain and suffering. This is because the non-economic damages are more subjective than objective.
Why Personal Injury Lawsuit Without a Lawyer Can Be Challenging?
Trials often come with uncertainties, mainly if you try to settle a personal injury lawsuit without a lawyer. You may hardly predict:
- If the court finds out that the defendant is liable for your injuries
- The amount the court will award for the damages
- The time and effort that each legal procedure demands
Professional and compassionate Kennewick’s personal injury lawyers affirm that working with expert injury attorneys helps you attain the justice you deserve when seeking compensation after an injury.
Kennewick attorneys say it helps to find a lawyer who’s well-versed and highly experienced with personal injury cases. Professional Kennewick accident attorneys do everything it takes to ensure you get the amount you deserve for the settlement case.
In fact, with the right personal injury attorney by your side, you can typically attain more money for your injuries and damages. Your injury claim lawyer will work hard to negotiate the best possible settlement for you.
The legal expert will do this based on the extent and long-term effects of your injuries, plus other damages. The experienced Kennewick personal injury lawyers say that your personal injury attorney will guide and support you through the legal process.
Their experience and education will go a long way to help you establish if the insurance company is giving you a fair settlement that will cover your needs and expenses entirely. Settling out-of-court can be excellent and straightforward. That’s why most slip and fall, car, and truck accident cases never make it to trial.
With the right injury claim lawyer walking with you, it’s easier to attain the best outcome from the out-of-court settlement type you choose. But if the insurance company doesn’t play fair, your injury attorney will advocate going to trial.
Factors Influencing Whether Your Personal Injury Case Will Settle or Go to Trial
To establish whether your injury case would settle or proceed to trial, your lawyer will often examine several factors, including:
- The severity of your injuries
- Your medical expenses
- Your income and earning
- Your age and physical state
- The extent of the property damage, lost wages, and any other damages
- Your family’s condition
Whether your case will proceed with litigation depends mostly on you, the injured party. It is ultimately upon you to accept a pre-trial settlement or further your case to trial. Handling a personal injury lawsuit without a lawyer is not advisable. Filing a claim can be so complicated that only expert accident attorneys can maneuver through it.
Expert personal injury lawyers will ease your burden. That’s why many people now prefer to work with personal injury lawyers with vast legal experience. They’ll do everything they can to ensure you win the case. More so, you get to know what to expect in terms of the settlement amount. Once they examine the facts of your case, the injury attorney will give you an estimated value of your personal injury case.
This will act as a benchmark for establishing whether the settlement amount that the defendant’s insurance company may offer is fair. Do not compare your case to anyone else’s. Every injury case is unique.
Thus, it would help if you immediately talked to your personal injury attorney to obtain an accurate value estimation of your case. The legal expert will help you decide if the case should proceed to trial.
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