Featured News 2016 Will My Car Accident Case Go to Trial?

Will My Car Accident Case Go to Trial?

You were recently injured in a serious car accident. You missed months of work, and your medical bills are now in the tens of thousands. Considering the damages that you have suffered, should your case go to trial? Can you expect a much bigger settlement if you go before a jury?

This is a good question, however, the likelihood of your case going to trial are slim. Why? Because, it's in everyone's best interests to negotiate a settlement outside of court. You see, court trials are lengthy, they are costly, and unpredictable.

Settlements are More Cost Effective

As the plaintiff who files a claim, you benefit from settling. The sooner your attorney can settle with the insurance carrier, the less money will come out of your settlement to pay for things, such as legal fees, depositions, accident reconstructions, and expert witnesses.

For the defendant (the person or company that you are suing), settlement is highly favorable over litigation. One reason being that defendants usually pay their attorneys out-of-pocket. So, the longer a trial takes, the more the defendant has to pay.

A defendant has to pay their lawyer hourly fees, plus they have to pay for depositions and expert witnesses. That being said, defendants know that reaching a settlement is the most logical and cost-effective route for them to take.

Reasons to avoid a court trial:

  • Juries are unpredictable
  • You are not guaranteed a larger settlement
  • The defendant could win
  • Court trials are public
  • They can take years to complete
  • They are much costlier than settlements
  • The legal fees are significantly higher

Though more than 90 percent of personal injury claims settle out of court, there are always exceptions. Occasionally, it will be in the plaintiff's best interests to litigate a case, especially when the insurance carrier is denying their claim, or refusing to agree to a reasonable settlement.

Injured in a car wreck? Contact a car accident attorney to file a claim for compensation!

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