If you've been injured in an accident that wasn't your fault, and you're now facing a personal injury trial, you may be wondering why your case is going to trial, and what you can do to improve your chances of success. Here are some things to keep in mind.
First, understand that most personal injury cases do settle before they go to trial. This is because, in many cases, the insurance company representing the at-fault party will want to avoid the expense and publicity of a trial. However, there are some cases where insurance companies refuse to settle, or where the parties simply cannot agree on a fair settlement amount. When this happens, the only way to get justice is to take the case to trial.
Second, realize that going to trial can be a good thing. If you have a strong case, taking it to trial will give you the opportunity to have a jury of your peers hear the evidence and decide in your favor. Additionally, even if you don't win at trial, the process of going through a trial can often lead to a higher settlement offer from the insurance company, as they will be worried about the possibility of an even higher jury verdict.
Third, know that you need to be prepared for trial. This means having all of your evidence gathered, including any witness testimony, medical records, and other documentation. You'll also need to be prepared to present your case in a clear and convincing way. This often requires the help of an experienced personal injury trial attorney.
Fourth, understand that going to trial can be a risk. There is always the possibility that the jury will not find in your favor, or that the judge will rule against you. If this happens, you could end up owing the at-fault party money for their attorney's fees and court costs.
Ultimately, whether or not your personal injury case goes to trial is up to you. If you have a strong case and you're confident in your ability to win, taking your case to trial may be the best option. However, if you're not sure you can win, or if the risk is too great, you may want to consider settling out of court.
Consider reading: Personal Injury Settlement Affect
What are the risks of going to trial for my personal injury case?
There are many risks of going to trial for your personal injury case. The most serious risks are losing your case and being ordered to pay the other side's costs. Other risks include the stress and expense of a trial, the possibility that the jury will not believe your testimony, and the chance that the other side will introduce new evidence that was not available at the time of the accident.
Curious to learn more? Check out: What Happened to Lucy in Not Going Out?
What will happen if I lose my personal injury case at trial?
If you lose your personal injury case at trial, you will have to pay the other side's costs and may have to pay your own lawyer's fees. If the case was a jury trial, the jury may also award the other side damages.
What will happen if I win my personal injury case at trial?
If you win your personal injury case at trial, you may be awarded damages for your injuries. These damages can include medical expenses, lost wages, pain and suffering, and more. You will also be able to hold the at-fault party responsible for their actions, which can help to prevent future accidents and injuries. In some cases, you may even be able to get punitive damages, which are designed to punish the at-fault party and deter them from engaging in similar behavior in the future.
For another approach, see: Incapacitating Injuries
Frequently Asked Questions
Why do most personal injury cases never go to trial?
The most common reason is that the injured person and the defendant can resolving the case without going to court. This happens most often when an agreement is reached before the lawsuit is filed. For example, a settlement might be reached in which the parties agree to provide each other with financial compensation. Another common reason for a settlement is that the injured person does not feel comfortable going to trial. This might be because they do not have enough evidence or they are afraid of what a jury might do.
Why are personal injury cases so expensive?
The main cost of a personal injury case is the attorney's time.
Is being a personal injury lawyer profitable?
Yes, a personal injury lawyer can be very profitable. Although the average settlement amount is quite small (on average, just over $75,000), if an attorney takes on a large number of cases, they can still make a decent living. Additionally, many personal injury lawyers receive contingency fees - which is where the lawyer gets paid even if the case doesn't result in a financial gain for them.
Will my personal injury case ever go to trial?
The vast majority of personal injury cases will never go to trial. This is due in part to the fact that most settlements are reached before either party makes a formal accusation or request for damages. Furthermore, many people are afraid of the legal system, especially if they do not have any money saved up. Settlements often offer a satisfactory resolution to both parties, without the risks and stress of trial.
Should I negotiate a personal injury settlement before trial?
In general, yes. Settlement negotiations should take place well before trial, since the parties are usually within range of reasonable outcomes. If a settlement can be reached that is acceptable to both sides, it will probably be much easier to avoid a lawsuit in the future.
Sources
- https://leightonlaw.com/why-is-my-personal-injury-case-going-to-trial/
- http://www.aaesqlaw.com/blog/understanding-a-personal-injury-trial/
- https://rectorlawfirm.com/why-is-my-personal-injury-case-going-to-trial/
- https://claimshack.com/injury-case-going-to-trial/
- https://www.fightingforyou.com/resource-center/articles/why-is-my-personal-injury-case-going-to-trial/
- https://ladenburglaw.com/personal-injury-lawsuit/
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