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Will my personal injury case go to trial?

On Behalf of | Oct 7, 2024 | Personal Injury

People may end up pursuing personal injury claims for a variety of reasons. A business may have released defective products that led to them suffering significant injuries. A drunk driver may have caused a crash that caused permanent medical challenges.

Anytime a business or individual causes injury and economic harm to others through negligence or misconduct, personal injury claims may follow. In some cases, it is possible to secure insurance compensation, but litigation may be necessary in cases involving significant losses or inadequate insurance.

People may worry about their personal injury lawsuits going to trial, in part because it means a substantial delay in obtaining compensation. They may also worry about the scrutiny they may undergo during the trial process.

How often do personal injury claims go to trial?

Going to trial may or may not be the best option

Quite a few personal injury lawsuits eventually settle. The defendants responding to a personal injury lawsuit and the insurance companies that provide coverage for defendants may propose a settlement or suggest mediation.

Those arrangements can be favorable for the defendants by limiting their losses. They can also speed up the plaintiff’s recovery. Settlement is not always the best option. Injured people have to consider many factors, including the policy limits for any applicable insurance. A settlement that is substantially below the total policy limits may not be the best option.

Plaintiffs also have to consider the total cost of the personal injury litigation process. It can cost substantially more to take a case to trial as opposed to settling it outside of court. They have to compare and contrast the costs and benefits of litigation versus settlement to determine if accepting or negotiating a settlement offer is their best option.

Frequently, those already dealing with significant injuries and financial setbacks may find it difficult to evaluate a situation objectively. They may need the assistance of a personal injury attorney to plan the best path forward. Lawyers can help estimate the total costs incurred by the plaintiff and the likely expenses of settling versus litigating.

In many cases, settling a personal injury lawsuit is a viable option. People need to have a realistic understanding of their losses and the likely costs if they go to trial to determine if settling is the right choice for their case.