Will your personal injury case go to trial? Maybe. Maybe not. Personal injury attorney Dale Casares discusses the personal injury case process 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?
Hi, I’m Dale Casares at Robinson & Henry. If you make a personal injury claim against the driver who hit you, what are the chances that you are going to have to go to trial?
So, making a claim with the other person’s insurance company does not mean you’re going to trial. It’s a very long process.
The Claims Process
- receive & complete treatment
- assess damages, injuries & bills
- negotiate a fair settlement
So, you get your treatment. You finish your treatment. We assess your damages, your injuries, your medical bills. We make a demand to the insurance company. And, hopefully, at that point, we can negotiate a settlement that you accept and that is fair, okay?
This is all about just, fair compensation. If that does not happen, then we have to file a lawsuit.
What Happens After Suing?
- research the case
- depositions of parties
- negotiation & mediation
Lawsuit does not equal trial. Lawsuit is just filing a lawsuit, and then you have a very long process in between that and the eventual trial date, again, to try to come together to negotiate a settlement without having to actually go to trial.
If we, through discovery, through depositions, through mediation, cannot reach a fair settlement that you accept, then, yes, we go to trial.
The One Percent
Trial involves a jury, and ultimately, it’s the jury who determines what your case is worth. So, up until that point, it’s my best guess based on my experience and the insurance company’s best guess, based on their experience, weighing the risks, and the pros and cons of your case.
But, ultimately, if we can’t reach something, we do go to trial and the jury decides what your case is worth.
I think it’s 1% of cases actually go to trial. So, again, if you make a claim, that doesn’t mean trial, but…
…we have to prepare for that potential, eventual outcome from the very first day.
And that’s why you would need to speak with a personal injury attorney so that you know that you’re going through all the right steps to collect the evidence and document everything to get you to that point for your best chances of succeeding at trial.
Connect with Dale
If you have questions about case the claim process, or litigation, or trial, please call me and let me know. Call 303-688-0944 to set up a meeting with Dale.