What Happens When You Go to Trial and Don’t Settle Out of Court?

Home/Personal Injury/What Happens When You Go to Trial and Don’t Settle Out of Court?
  • What Happens When You Go to Trial and Don’t Settle Out of Court?

Most personal injury cases settle out of court. This minimizes legal costs and makes it easy to get compensation for your injuries. In some cases, a settlement can’t be agreed upon, and your case may go to trial.

But what should you expect when you go to trial? How can you ensure that you get the compensation you need without paying out huge legal fees?

Consulting with a personal injury attorney should be the first step in getting compensated for your injuries and other damages. The following helps you understand the trial process and prepare a successful personal injury case.

Why Personal Injury Cases Go to Trial

Personal injury cases are usually settled out of court. Businesses, insurance companies, and other defendants may want to avoid the cost of going to trial. So they typically offer a settlement to compensate plaintiffs.

But there are reasons why a case may not settle. If the plaintiff is seeking a significantly large compensation, it may be in the best interest of the defendant to pursue a trial.

The defendant may think that you won’t be granted compensation in a trial or that its cost would be less than the settlement you’re after.

They may also deny liability for your injuries. If they believe that the evidence supports their claim, then they may be willing to argue against you in a court of law.

As the plaintiff, you may believe that a settlement offered to you is far below what you need and deserve. Defendants may attempt to deny that you were injured as a result of their actions or negligence.

What You Need to Win at Trial

Consulting with a legal professional is the first step in taking your case to trial. But that’s still not enough.

Most personal injury lawyers can help you settle your case out of court. But very few have the trial experience needed to successfully pursue compensation.

So choosing the right personal injury attorney—one who’s experienced in and understands the trial process—increases your chances of success in getting the compensation you need.

The experience of your attorney plays a major role in the outcome of your case. Trials require a significant amount of time and other resources. You and your attorney must gather the right evidence to present to the courts.

Your attorney must be ready to take your case to trial and have the evidence that demonstrates the defendant’s role in causing your injuries and other damages.

Overcoming the Uncertainty of a Trial

A trial lets you and your attorney present your case to a judge and jury. Guilt and liability of the defendant are determined by the jury once both sides present their evidence.

The judge and jury will determine how much compensation you receive. But it can be difficult to predict how a jury will decide on any given case.

It’s this uncertainty that causes most personal injury claims to be settled out of court. If you and the defendant can agree on a fair settlement, then avoiding a trial may be in your best interest.

But a skilled legal professional can evaluate your case and determine its value as well as the likelihood that you’ll be successful in a trial.

Choosing the best option for you is an important part of the legal process. Settlements can also require lengthy negotiations with their own costs to consider.

An attorney can work with you to help you determine the best legal path for your case.

Deciding to settle out of court or go to trial is a critical decision that could mean the difference between an unfair compensation and obtaining the all the resources you need to recover from your injuries.