Personal Injury Cases and Trial
Many personal injury cases are resolved without a trial. Claims can settle during insurance negotiations, after a lawsuit has been filed, during discovery or through mediation. Settlement gives both sides more control over the outcome and avoids the uncertainty and additional time associated with trial.
A case may proceed further when the parties disagree about who caused the accident, whether the incident caused the claimed injuries or how much compensation is reasonable. Insurance coverage disputes and significantly different valuations can also make settlement harder.
Why Injury Cases Settle
Filing a lawsuit does not mean a trial is inevitable. Litigation creates a formal process for obtaining documents, questioning witnesses under oath, using experts and presenting legal issues to the court. The additional evidence developed during discovery can sometimes bring the parties closer to settlement.
If a fair agreement cannot be reached, trial allows a judge or jury to decide disputed issues and, where appropriate, damages. Trial carries risk for both sides because the result cannot be guaranteed.
When a Personal Injury Trial Is Needed
When choosing a personal injury lawyer, it is reasonable to ask about both settlement experience and courtroom experience. A lawyer should prepare the claim based on the evidence rather than assume it will settle quickly.
Whether your case should settle or proceed toward trial depends on its strengths, risks and available offers. Your attorney can advise you about those factors, but the decision to accept or reject a settlement belongs to you. A sound decision compares the proposed settlement with the risks, costs and potential outcomes of continuing the case.