How Do I Know If My Personal Injury Case Will Go to Trial?
Being injured because of someone else’s negligence presents you with a lot of hurdles. You have to focus on your recovery but also file a personal injury claim. These aren’t easy to do on your own. They require expertise and attention to detail so you can have a favorable settlement. But you may also wonder if you case will reach a settlement or if you’ll have to go to trial.
While it’s rare for a case to go to trial, your lawyer should be preparing for a trial even if you’re still trying to reach a settlement. Having your case prepared will give you a stronger footing in the courtroom. The Milwaukee personal injury lawyers from Urban & Taylor can help you with your personal injury case. As we work to get you the compensation you deserve, we’ll also keep in mind that there’s a chance this could go to trial. We’ll be ready if it does.
Settlement vs. Trial
Settlements and trials vary in a number of ways. Settlements are the first option to reach an agreement between both parties. Trials take the case and parties involved to court with a judge and a jury.
Settlements are private whereas trials are public. This is often a major deterrent for companies to go to trial because they wouldn’t want attention for having a product or policy that harmed someone.
Settlements may also take less time than a trial. You may not have to reach the stage of filing a lawsuit. There’s a chance of receiving a settlement after you’ve made your claim. You could possibly have your compensation and already be able to focus on recovery and paying for medical expenses or medical treatment soon after the accident.
Insurance companies are more likely to settle their cases instead of taking them to trial. They have the money to pay claims and don’t want to take unnecessary risks. Going to trial means putting the outcome in the hands of the jury. There’s a chance the insurance company could have to pay a lot more than they would have if they had settled the case.
Why Would My Case Need to Go to Trial?
Your case would need to go to trial depending on the defendant and what your personal injury lawyer suggests. If the defendant isn’t giving you anything and your settlement wouldn’t come close to what you deserve, then it may be a good idea to consider taking the case to trial. You’ll be able to discuss the pros and cons with your lawyer. They may advise you that a trial would be a better option than what you’re doing now.
What Are the Disadvantages of a Trial?
There are many drawbacks to taking a case to trial. It will take more time to reach a conclusion if the case has to go to trial. It’s a completely different way to finally settle the case. People may not have the energy or the time to deal with dragging a case out to trial. Considering that the trial could take up to a year after the claim was filed to start, those who have bills and expenses to take care of at the moment may not want to push the outcome further away.
This option also costs more money. For some people, it may not be economically feasible to take a case to court. The fees of paying the people working for the court quickly add up and you may also need to get expert witnesses for your case.
In a settlement, you’ll be walking away with something. But taking the case to court runs the risk of you possibly walking away with nothing. You’ll be leaving your case to the hands of a jury. They will all have their biases and ideas of whether or not you’re credible. If your case isn’t prepared well or your argument isn’t getting across, you could end up with an unfavorable outcome.
How Can a Personal Injury Lawyer Help Me?
The lawyers at Urban & Taylor are ready to fight for the rights of Wisconsin citizens and the fair compensation they need. We have experience in prepping and taking cases to court. If you’ve been injured because someone else was negligent, get in touch with us today. You can schedule a free consultation so we can go over the merits of your case and help find the best course of action for you.
