When we meet personal injury victims for the first time, they often ask about their case going to trial. They imagine hours on the witness stand, being grilled by a defense attorney. It sounds stressful, especially when you are healing from injuries.
The reality is that most personal injury cases don’t go to trial. Most personal injury claims are resolved with a settlement and compensation for the victim.
Some circumstances make it more likely that your case will be in the small percentage of cases that are resolved in court. However, there are things that you can do to help avoid a trial.
Talk to a lawyer
LA Century Law is a premier personal injury law firm, with millions recovered for our clients. Are you wondering about your personal injury claim going to court? Contact us to ask an injury lawyer in Century City.
Will My Personal Injury Case Go to Trial?
Only a small percentage of personal injury cases go to trial. A case is more likely to go to trial if there are contested legal or factual issues that may significantly alter the outcome of a case. In addition, sometimes, a party simply wants to exercise their right to a trial.
Most Personal Injury Cases Don’t Go to Trial
If you’re worried about your personal injury case going to trial, remember that it’s rare. The legal process is meant to resolve disputes – whether it is by trial, settlement, or summary disposition.
Only a small percentage of the injury claims filed each year are resolved by trial.
Since each case is decided on its merits, there could be a trial in any personal injury case. But statistically, it’s unlikely.
Factors that Make a Personal Injury Case More Likely to Go to Trial
While no one thing guarantees a case will go to trial, some factors make it more likely.
These include:
Factual disputes
For example, one witness may say that the traffic light was green. Another witness may say that the light was red.
Who the jury believes may determine whether the plaintiff gets full compensation or no compensation at all. If factual disagreements create a large range of potential outcomes at trial, either party may be more likely to gamble going to trial to reach the desired outcome.
Legal issues
Just as key facts can determine the outcome of a case, legal disputes can be determinative, too. There may be a novel question of how the law applies to a particular situation. There may be a development in the law that may alter the outcome of a case. Sometimes, these issues are ruled on in preliminary hearings, but they may push a case toward trial.
Severe injuries
If a victim suffers a catastrophic injury, they deserve fair compensation. When a claim is for a large amount, the defense may try especially hard to fight the claim, including through trial.
Pre-existing injuries
Most of us have some medical history. Pre-existing injuries don’t automatically prevent you from receiving compensation. However, they may create a question of damages that makes a trial more likely.
Future injuries
It’s common for a victim’s healing to continue beyond the resolution of an injury case. Future injuries can be uncertain, prompting a trial.
The choice to go to trial
Either party may exercise their right to a trial.
Are Hearings and Trials the Same Thing?
Hearings and trials are not the same thing. Your case may have preliminary court hearings, including status conferences and motion hearings. These hearings are not your trial. These preliminary hearings can resolve critical issues, helping you settle your case.
Can trial be avoided?
As the plaintiff in a personal injury case, you have choices. Most of the time, trials can be avoided. However, that may mean accepting a very low settlement – one that is lower than you would likely receive if you took your case to trial.
Avoiding a trial may mean leaving money on the table. When you’re a personal injury victim, you deserve fair compensation for your losses and suffering. At LA Century Law, we’re prepared to fight for every dollar that you deserve.
You Must Pursue Your Case Aggressively
Even if you’re hoping to avoid trial, it’s critical to pursue your case aggressively, as though you are going to court. It’s the process of thoroughly and aggressively preparing the case that may enable you to reach a fair settlement.
Building your case narrows the issues at hand. If the defense knows that you’re ready to present your case at trial, they’re more likely to offer a fair settlement.
In addition, there are times that the defense simply refuses to settle – even when you have a great case. If your case lands in that unlikely scenario, you must be prepared to present your claim effectively at trial. If you’re not prepared, you may jeopardize even a strong case.
Get a Personalized Consultation With Our Injury Lawyers
Whether you want your personal injury case to go to trial, or you hope to pursue a settlement, LA Century Law will fight for you, aggressively and strategically. Contact us at LA Century Law online or call our offices to discuss the specifics of your case.