After a serious injury, you may find yourself wondering, “Will my personal injury case go to trial?” Going into the courtroom can be intimidating for many people. You may worry that you will have to relive the circumstances leading up to your accident, or that you will face significant condemnation from others in the courtroom. Not only that, you may have no idea what to expect. By better understanding what happens in many personal injury cases, you can improve your peace of mind as you move through the claims process.
What Happens in Most Personal Injury Cases?
In most personal injury cases, the company doesn’t want to go to court any more than you do. In fact, often, the company will offer additional compensation to increase the odds of settling out of court. If you do go to court, both you and the insurance company will face substantial court costs associated with the entire process. Often, especially if the company knows that its customer bears liability for your accident, it will try to reach an agreement with you outside of the courtroom.
When Do Cases Go to Court?
Some types of personal injury cases are more likely to go to court than others. Consider these potential scenarios.
You and the insurance company cannot reach an agreement outside the courtroom. Sometimes, the insurance policy won’t cover as much as you had hoped. Other times, the insurance company may bluff, offering low settlement offers that fail to reflect the full extent of your injuries. If you and the insurance company cannot reach an agreement, your case may go to court.
You want your case to be in the public eye. If you agree to settle on your personal injury claim, the defendant may be able to keep the entire case very quiet. As a result, others may not learn about the cause of your injuries, which could cause future injuries. In that case, you may choose to take your case to court to help spread the word.
You can afford to wait for a long trial. Many victims find that they cannot afford to wait for a long trial and extended process to get the funds they deserve for their injuries in their hands. As a result, they often choose to accept a settlement, even if it doesn’t reflect the full amount they might deserve, rather than taking the case to court.
You’re having difficulty establishing fault in your accident. In some cases, you and the responsible party may struggle to determine who bears responsibility for your injuries. The responsible party may claim that you contributed in whole or in part to your own injuries, or they may attempt to shift responsibility to someone else. In this case, you may decide to take your case to court in order to fully prove liability for your injuries.
Most of the time, you have a choice about whether your claim goes to court. In order to stay out of the courtroom, however, you will often need to accept a lower settlement than you would receive if the case goes to court. Avoiding the courtroom often significantly decreases your legal fees and can ensure that you get paid for your injuries sooner.
Contact Swor & Gatto in St. Paul, Minnesota
Whether your personal injury case goes to court or not, you still need an attorney on your side. An attorney can help negotiate for you, find evidence that will help prove the other party’s guilt in your accident, and even offer valuable advice that can help you throughout the claims process and on the road to recovery. Do you need an attorney following a serious injury? Contact Swor & Gatto today to learn more about how we can help.