If you’ve been hurt in an accident caused by someone else (such as in a car accident), you may be thinking about filing a personal injury claim. One of the biggest questions people have is whether their case will go to trial. The truth is that most personal injury claims do not end up in court. Instead, they settle out of court through negotiations. Still, there are reasons why a case might go to trial, and knowing what to expect can help you prepare.
This article explains why most personal injury cases settle, why some go to trial, and what could influence which path your claim takes.
Most Personal Injury Cases Settle
The vast majority of personal injury cases are resolved before reaching trial. Settlement is often faster, less expensive, and less stressful. It allows both sides to avoid the uncertainty of a trial. Insurance companies generally prefer to pay a fair settlement rather than risk a larger judgment from a jury. For injured victims, settling can mean getting money sooner, which can be crucial if you have mounting medical bills or lost wages.
However, just because most cases settle doesn’t mean yours will. Settlement depends on whether the insurance company is willing to offer a reasonable amount of money to cover your losses. If they refuse or deny that their policyholder is responsible, you may need to take further action.
Factors That Can Influence a Settlement
Several factors can affect how likely it is that your case will settle, including:
- Strength of Evidence: Clear evidence of fault and strong documentation of your injuries usually make it easier to reach a fair agreement.
- The Seriousness of Your Injuries: If you have severe or long-term injuries, the insurance company might be more cautious and might try to fight harder to pay less. Serious injuries often raise the stakes.
- Insurance Company’s Strategy: Some insurers are more willing to settle quickly, while others may drag their feet or offer low amounts, forcing you to consider a lawsuit.
- Your Lawyer’s Negotiation Skills: A skilled lawyer knows how to present your case and push for a fair settlement. Their ability to counter low offers and highlight the strengths of your claim can help avoid a trial.
- Your Patience and Goals: If you’re willing to wait and fight for a better offer, and your lawyer believes you can do better, that can also influence whether you settle or go to court.
These are just some of the factors that might influence whether your case ultimately settles. Every case is unique and has its own set of facts and circumstances.
Why Your Case Might Go to Trial
Even though most cases settle, certain situations can lead to a trial. Some common reasons include:
- Dispute Over Liability: If the other side refuses to admit their policyholder caused the accident, you may need a trial to prove fault.
- Low Settlement Offers: If the insurance company offers an amount that’s too low to cover your losses, going to trial may be the only way to seek full compensation.
- Complex Legal or Factual Issues: Some cases involve complicated questions about what happened, who’s responsible, or how badly you’re hurt. If these issues can’t be resolved in settlement negotiations, a trial may be needed.
- Desire for a Jury’s Decision: In rare instances, you or your lawyer might believe a jury will be more sympathetic and likely to award a higher amount than what the insurer offers.
A qualified attorney will prepare your case as though it may go to trial if that’s in your best interest.
The Timeline for a Personal Injury Case
Every case is unique, but most personal injury claims follow a similar pattern. Understanding the general timeline can help you know when the possibility of a trial might arise:
- Initial Consultation: You talk with a lawyer about your case. If you hire them, they’ll start gathering evidence.
- Investigation and Demand Letter: Your lawyer will collect medical records, accident reports, and other proof of your losses. They will send a demand letter to the insurance company asking for specific compensation.
- Negotiations: The insurance company may respond with a lower offer, deny the claim, or ask for more details. Both sides will go back and forth, trying to reach a settlement.
- Filing a Lawsuit: If the insurer won’t pay a fair amount, your lawyer may file a lawsuit. This doesn’t mean you’ll go to trial — many cases still settle before reaching court.
- Discovery: Each side learns more about the other’s case by exchanging documents, asking questions, and taking depositions. This process often leads to better settlement offers, as each side understands the case’s strengths and weaknesses.
- Mediation or Further Negotiations: With more information, both sides may try again to settle. Many cases are resolved at this stage.
- Trial: If all else fails, a judge or jury will hear the evidence and decide what, if anything, the defendant should pay.
Trials require substantial resources, which the defendant in your case may not be willing to provide. This could lead to a higher settlement offer.
The Role of a Lawyer During This Process
A personal injury lawyer can be a key ally whether your case settles early or goes all the way to trial. They can handle the paperwork, talk to the insurers, and advise you on whether to accept an offer or continue fighting. They know how the legal system works and can help you avoid common mistakes.
If your case looks like it might go to trial, your lawyer will prepare by gathering witnesses, creating a persuasive argument, and organizing evidence. Their experience in court can be invaluable.
Contact a Tifton Personal Injury Attorney for a Free Case Assessment
A professional can offer guidance if you’ve been injured and are unsure whether your personal injury case will go to trial. An experienced Tifton personal injury lawyer can review your situation, explain your rights, and discuss what steps may lie ahead. They’ll help you understand if a settlement is likely or if taking the matter before a jury might be the best route for securing fair compensation.
Don’t wait to get the help you need. Contact The King Firm Car Accident and Personal Injury Lawyers to schedule a free consultation today at (229) 386-1376.