Will My Personal Injury Case Go to Trial?
The question of whether or not your personal injury case will have to go to trial depends on the facts and circumstances, as well as your goals. The vast majority of personal injury claims filed in California settle and never see the inside of a courtroom. However, there are exceptions to the rule; in some cases, it is more beneficial for the claimant to go to trial.
Insurance Settlement vs. Personal Injury Trial
A personal injury case is a tort claim that can lead to a financial recovery for the victim to “be made whole again.” Most of the time, when an individual is injured in California and eligible for compensation from a negligent or at-fault party, the case takes the form of an insurance claim, not a personal injury trial. However, there are exceptions.
Most parties prefer insurance settlements to personal injury trials. A settlement is faster, easier and less expensive than a trial. The outcome is also more predictable, as both parties involved have a say in the final settlement (if there is one). A court trial, by contrast, takes control away from the parties and allows a judge and jury to issue a binding legal decision at the conclusion of the case.
Which Is Better?
A personal injury trial may be preferred to a settlement in unique situations. If the claimant or plaintiff is not happy with the settlement that’s being offered by an insurance corporation, for example, he or she can file a lawsuit to take the case to the next stage.
Filing a personal injury lawsuit in Los Angeles could lead to a larger financial recovery for the plaintiff – such as damages for pain and suffering or a verdict that exceeds the limits on an insurance policy – in addition to holding the defendant publicly accountable in public court.
What Factors Can Increase the Odds of a Case Going to Trial?
Whether or not the parties involved in your personal injury case will go to court depends on the situation. Factors that can impact this decision include:
- The severity, extent and cost of your injuries
- The overall value of your claim
- The insurance company’s cooperation during settlement negotiations
- Whether or not the insurer is being reasonable and acting in good faith
- The number of defendants or liable parties
- A liability dispute
- The comparative negligence defense
- Coverage exclusions on the insurance policy
- A wrongfully denied claim or unreasonably low settlement
To discuss the possibility of a trial in terms of your specific personal injury claim in California, contact an experienced Los Angeles attorney for a free initial review.
Should I Take a Settlement or Go to Trial?
The answer to this question varies based on the value of your injury claim, whether or not the insurance company is cooperating, and your overall goals for the conclusion of your case. When you contact an injury attorney in Los Angeles, you can receive personalized advice you can trust.
If your lawyer is recommending a trial, it means he or she has considered all the factors and determined that a court trial is the best option for your unique situation. Otherwise, the attorney can take over settlement negotiations for you to argue for a fair and full amount from an insurer outside of court.
Going to trial is generally riskier than accepting a settlement, but it also comes with a higher potential reward. The courts could order significantly more compensation than what was initially offered in a settlement…but they could also offer nothing at all. A lawyer can help you weigh the pros and cons of a settlement vs. a trial so that you make the right decision for you.