Though unlikely, your personal injury case could make it to the trial phase if negotiations fail to produce a settlement that adequately covers your losses. The process could take months or years if your case makes it to trial.
Whether you accept a settlement offer or proceed to court is up to you, although we strongly advise you to discuss your options with your lawyer. A personal injury lawyer from our firm can help you decide if going to trial is the best path.
What Is a Personal Injury Trial?
A trial is the final step in the personal injury claim process, should it become necessary to pursue the compensation you deserve through the court system. A jury typically hears the evidence in the case and produces a verdict deciding if the liable party or their insurance company owes you damages, and if so, how much.
If necessary, we will vigorously represent you at trial. Our law firm handles personal injury cases, and we understand the law and know how to use it in the courtroom to fight for your best interests.
Why Do Most Personal Injury Cases Settle?
According to the American Bar Association, most personal injury cases settle before going to trial. This is because insurance companies are profit-driven, and going to court can be costlier than agreeing to settle and pay you a fair amount of compensation. They also don’t want to risk the jury awarding you much more compensation than you seek in a settlement.
If you have a strong case with plenty of evidence backing up your claim, an insurance company would likely make a bad choice that would eat into their profits by letting the case go to trial.
Why Some Personal Injury Cases Go to Trial
Again, very few personal injury cases go to trial. Most cases settle out of court, but there are a few reasons why your case could go to trial, such as:
- The defendant and their attorney believe they can win the case. They must demonstrate to the court that their client was not negligent and is therefore not liable for your injuries.
- The insurance company may want to go to trial to prevent your case from setting a precedent. Again, insurance providers are driven by profit, so they would rather not pay out a large claim and may seek to squash it to prevent similar claims in the future.
- The insurance company’s offer may not be high enough for you to settle. You want justice and accountability for your injuries in addition to fair compensation.
- The defendant or their insurance provider believes the compensation amount you seek is too high.
Going to trial is a risk for both sides. If you were to lose, you wouldn’t receive any compensation. On the other hand, a jury could award you more compensation than expected. Our top priority is to prepare your case for court by completing a thorough investigation and collecting as much evidence as possible to build a strong case for you.
What Factors Should You Consider When Deciding to Settle or Go to Trial?
Choosing to accept a settlement offer or take your case to trial is a significant decision. You should consult your lawyer, who can explain the settlement terms and your legal options.
After calculating the damages in your case, we can determine whether a settlement offer is fair. This could influence your decision, but if you choose to settle, you cannot seek additional compensation once the settlement is final.
Factors to consider when deciding to settle or go to trial include:
- Your age and family: A trial can last months or years, whereas you can receive funds from a settlement much quicker. You may elect to get compensation now instead of waiting, therefore avoiding a court battle.
- Your losses: Your losses may be so severe that you must go to court to recover adequate compensation to cover your current and future expenses.
- Sympathy: Do you believe the judge or jury will be sympathetic to your situation? If so, taking your case to court may be less risky.
Many plaintiffs choose not to take their cases to trial because they just want to move on and begin the process of rebuilding. We will guide you through the legal process and provide you with options, so you can make the best choice for you.
Learn More About Taking Your Personal Injury Case to Trial Today
Ultimately, deciding whether to take your case to trial is entirely up to you. We will provide you with all the information you require to reach a decision, and we will execute your wishes. Greenberg Gross is ready to reach an agreeable settlement or take your case to trial if necessary.
Your personal injury case is important to us, and we will work to secure compensation for you. To learn more or schedule a free consultation, contact us today.