If you got in a car accident or slipped and fell in a business, you might be concerned about whether your case will go to trial. Although most cases won’t go to trial, the answer to this question ultimately relies upon the specifics of your particular case. Here is what you need to know about going to trial in a personal injury case.
Personal Injury Trial Statistics
While many people think of legal cases going to trial, this is not usually what happens with personal injury claims. Instead, the personal injury victim’s lawyer usually files an insurance claim with the at-fault party’s insurance company and is able to negotiate an out-of-court settlement. When the parties arrive at an agreeable monetary figure, they sign paperwork releasing the right to sue, and the victim receives a settlement check.
According to the Bureau of Justice Statistics, only about 4% of personal injury cases go to trial. This means that your case will likely not go to trial.
Steps To Get to Trial
To dive into the situation a bit more, let’s look at all the steps that would have to happen before your case goes to trial:
- Reporting the accident: You report the accident to the police, business owner, or other appropriate person or entity.
- Filing a claim: You file a claim with the at-fault party’s insurance company.
- Investigation: The insurance company assigns an insurance adjuster to investigate the claim.
- Preparation of demand package: Your personal injury lawyer prepares a demand letter that sets out the facts and circumstances surrounding the accident and the amount of compensation you are willing to accept to settle your case.
- Negotiations: Your personal injury attorney and the insurance company negotiate for an amount of money to compensate you.
- Filing a lawsuit: Your lawyer prepares and files legal paperwork to sue.
- Service of process: The defendant is served with the legal paperwork.
- Motion filing: One or both parties may file various motions with the court, such as a motion for summary judgment or default judgment.
- Discovery: The parties officially ask for information and answers from the other side during the formal discovery process.
- Pretrial conferences: The judge may schedule pretrial conferences to encourage the parties to settle their case or resolve remaining legal issues in the case.
- Mediation: The parties may engage in mediation to try to resolve their case.
- Jury selection: The lawyers select a jury during the voir dire process.
The case can be settled at any point during this process.
Reasons To Go to Court
All that being said, there may be valid reasons to proceed with a lawsuit after a personal injury case, such as:
You Were Seriously Injured
If you suffered severe injuries, you may be able to get more money if you take your case to court and win. By filing a lawsuit, you could be able to recover damages for:
- Medical expenses
- Lost wages
- Reduced earning capacity
- Property damage
- Permanent disability and impairment
- Inconvenience and stress
- Pain and suffering
- Mental anguish
- Emotional distress
Punitive damages are generally only awarded if you take your case to trial. These damages seek to punish the defendant and deter similar conduct in the future.
You Want Accountability
Some accident victims simply want “their day in court.” The at-fault party may have denied liability, and you want them to be held publicly accountable for the harm they’ve caused.
The Insurance Company Has Denied Your Claim
If the insurance company denied your claim, suing the at-fault party may be the only remaining option to recover compensation.
Reasons To Settle Your Case
Several reasons may exist that influence you to settle your case, such as:
There Are No Guarantees
When you have a judge or jury decide your case, there is no guarantee that things will go your way. You could wind up taking your case to trial, only to lose. It may be in your interest to accept a settlement rather than take a chance on the outcome at trial.
You Don’t Want To Deal with the Stress of a Trial
Trials can be extremely stressful, especially for people who are dealing with painful injuries. You might not like having to discuss your private medical information, reliving the events involved in the accident, or being cross-examined in an open courtroom.
Trials Take More Time and Money
Trials can drag on for years. They can also take up considerable resources. These are important considerations when you are contemplating going to trial.
Contact an Experienced Stuart Personal Injury Lawyer for Legal Assistance
Whether your case ultimately settles or goes to trial, you need an experienced lawyer you can count on. Kibbey Wagner Injury & Car Accident Lawyers has successfully recovered over $200 million in compensation for clients and has over 80 years of combined legal experience. We are skilled in and out of the courtroom.
Contact our Stuart personal injury lawyers today at (772) 444-7000 to take advantage of a free case review to explore your legal options.
