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Will My Personal Injury Case Go To Trial?

How Often Do Personal Injury Cases Go To Trial?

Most personal injury cases are settled outside of court, which means that the injured party and defendant or defendant’s insurance company will negotiate a fair agreement to compensate the injured individual for their losses. The parties may choose to settle because they believe it is in their best interest financially, avoids the risk of trial, and it also allows them both to avoid the time and cost associated with trial.

Sometimes an insurance company will consider settling a case because of the potential costs associated with litigation and trial, such as court fees, attorney expenses, and expert witness testimony. Additionally, going to trial means a greater risk of an unpredictable outcome than settling outside of court, where the parties can negotiate a mutually beneficial agreement. A vast majority of personal injury cases settle because it takes less time and is often more cost-effective than pursuing a personal injury trial.

However, some personal injury claims will go to trial due to disagreements between the parties or if the opposing party does not believe they should have to pay for the injured party’s losses. Going through with a personal injury trial is a riskier option, as the case’s outcome is now in the hands of a judge or jury.

If you are looking for professional, reliable representation to help you with your case, let the law firm of Cantor Grana Buckner Bucci provide you with the experienced legal guidance and support you need. Our team of personal injury lawyers has been working in this legal field for many years and specializes in representing individuals who have suffered harm due to the negligence or intentional acts of another. Contact us today to discuss your case. We are here to help get you the compensation and justice you deserve.

Personal injury case trial, gavel on a bible on top of money

When Do Personal Injury Cases Go to Trial?

A personal injury case may need to go to court depending on the facts and circumstances of the case. The most common reasons why a case may go to trial include the following:

Failed Negotiations

When negotiations between the accident victim and insurance company fail, the case must go to trial because neither party is willing to compromise. Both sides will present their respective evidence and arguments before a jury or judge in this situation. The jury or judge will then decide who should be held responsible for the injury and what compensation should be awarded to the injured party.

Disputes About Liability

When there is a dispute about liability for the injuries, a trial will be necessary for each side to present their case and argue why they should or should not be held responsible. The jury or judge will then decide who was at fault and what damages, if any, should be awarded.

Unreasonable Offers From an Insurance Company

In some cases, the insurance company may make unreasonable or insufficient offers to cover the accident victims’ losses. If the injured party believes they deserve more compensation than what is being offered, they will likely have to go to trial to receive the compensation entitled to them.

An example is the case of Smith v. State Farm Insurance Company, where a jury ruled in favor of the plaintiff after an insurance company refused to make a reasonable settlement offer. The jury awarded him over $3 million, four times the amount that State Farm had offered initially. The incident highlighted how insurance companies can be unwilling to compensate individuals fairly.

A man meeting with a lawyer, discussing personal injury case going to trial

The Pros and Cons of Taking Your Case to Court

The Pros of Going to Trial:

• Having a judge or jury decide who should be held responsible for the injury and how much they should pay in damages

• The possibility of receiving more compensation than what was offered initially in the settlement agreement

• Allowing an injured party to receive vindication if they believe they were wronged

The Cons of Going to Trial:

• Going to trial can be costly and time-consuming

• The stress of testifying in front of a judge or jury can be overwhelming for some people

• In some cases, personal injury trials can result in less compensation than what was offered in settlement negotiations

With the pros and cons of taking a personal injury case to court outlined, hiring a qualified personal injury lawyer is critical to ensure that settlement negotiations are correctly handled. At Cantor Grana Buckner Bucci, our team of experienced attorneys can help you navigate your case and advise you on whether going to trial is in your best interest. Contact one of our lawyers today for a free consultation.

Common Questions About Going to Court for a Personal Injury Claim

What if the other party refuses to accept my settlement offer?

If the other party does not accept your settlement offer, you may need to take your case to court to receive compensation. However, it is essential that you consult with a qualified personal injury lawyer before taking any legal action. An experienced attorney can advise you on the best course of action and represent you in court if necessary.

Is it worth going to trial for a personal injury claim?

Going to trial can be costly and time-consuming, and there is no guarantee of a favorable outcome. However, it may be the only way to receive a fair settlement if the other party refuses to accept your offer. Consult an experienced personal injury attorney who can advise you on whether or not taking your case to court is in your best interests.

How long will it take for my personal injury case to go to trial?

The length of time it takes for a personal injury case to go to trial can vary depending on the facts and circumstances of your particular situation. Generally speaking, cases take anywhere from one to two years before resolving. However, your attorney will be able to provide you with more specific timelines as well as updates throughout the process.

What should I do first if I decide to take my case to court?

If you decide to take your case to court, speak with an experienced attorney as soon as possible. Your attorney can provide guidance and support throughout the entire process and advise you on the best course of action to take to receive a favorable outcome.

How much will it cost to take my case to court?

The cost of taking your case to court can vary depending on the facts and circumstances of your particular situation. Generally speaking, your attorney’s law firm will front litigation expenses (such as filing fees, costs to get medical records, costs to pay experts, etc.) while your case is pending.  If you are successful at trial or receive a settlement, then you have to reimburse your lawyer’s firm for the costs they expended on your behalf to litigate the case. 

Overall, going to trial for personal injury claims can be a lengthy and costly process. However, it may be the only way to receive a fair settlement if negotiations fail or the other party does not agree to your offer. You must work with an experienced personal injury lawyer who can advise you on the best course of action and provide representation in court if necessary.

Let a Personal Injury Experienced Personal Injury Attorney from the law firm of Cantor Grana Bucker Bucci Help You

An Experienced Personal Injury Lawyer Will Fight For You

Our experienced personal injury lawyers are extremely helpful throughout the entire process of a personal injury lawsuit. We have a thorough understanding of the law and will be able to advise you on your legal rights and options and provide representation in court if needed.

Our dedicated lawyers with Cantor Grana Buckner Bucci will work hard to ensure you receive maximum compensation for your injuries. Contact us today for a free consultation.