Will Your Personal Injury Case Go to Trial?

Will your personal injury case go to trial? Maybe. Maybe not. Find out what the personal injury case process is and what happens to push a case from the settlement table to the courtroom.

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Will Your Personal Injury Case Go to Trial?

You may be wondering what the chances are you will end up in court if you make a personal injury claim against the driver who hit you.

Filing a claim with the other person’s insurance company does not mean you will go to trial. In fact, you’ll go through quite a long process before you go to trial.

The Claims Process

  • receive & complete treatment
  • assess damages, injuries & bills
  • negotiate a fair settlement

The first step is for you to get proper treatment. Following your treatment, an attorney will assess your damages, your injuries, and acquired medical bills. Then your attorney will make a demand to the insurance company. That’s when negotiation begins. Hopefully, a fair settlement can be reached.

The goal is to get you just and fair compensation. If that does not happen, your attorney will file a lawsuit.

The Lawsuit Process

  • research the case
  • depositions of parties
  • negotiation & mediation

A lawsuit does not equal a trial.

Filing a lawsuit in and of itself does not mean the case will go to trial. Like the claims process, you will proceed through a particular process.

There’s is a lot that can happen between beginning of that process and a trial date. For instance, there is time to renegotiate a settlement without having to step foot in a courtroom.

Now, if a fair settlement cannot be reached during discovery, depositions, and mediation, your case will go to trial.

How Many Cases Go to Trial?

Up until trial, your attorney and the insurance company try to settle the case based on their experience, weighing the risk and analyzing the pros and cons of your case.

If your case goes to trial, a jury will determine what your personal injury case is worth. 

The One Percent

Approximately one percent of personal injury cases actually end up in court. That means, if you make a claim, there’s a good chance you will settle your case without a trial. However, a good personal injury attorney will prepare for trial from the moment you retain them.

Why? To ensure you have the best chance of winning at trial should your case get to that point.

Connect with Our Attorneys

If you have questions about case the claims process or trial, please call 303-688-0944 to set up a meeting.

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