When you hire a personal injury lawyer in San Jose, CA, your case may take months or even years to resolve. The timeline varies for every case, but those that go to trial typically take longer to resolve. This begs the question: How often do personal injury cases go to trial?
Our attorneys at Hann Law Firm explore common reasons why cases may go to trial, what you can expect during court litigation, and more.
Personal Injury Claims Can End Out of Court or With a Trial
Personal injury lawsuits can either settle outside of court or end with a jury verdict following a trial. Every case is different, so there’s no way of telling which route yours may go.
Settlement negotiations involve lawyers for both the defendant and the plaintiff reviewing the claim’s details. The defendant may offer a sum of money to settle the claim, which the plaintiff can either accept or reject. Negotiations may go on for several weeks in an effort to achieve an agreement.
If negotiations are unsuccessful, the only option for closing the case is to proceed to a trial. This prolongs the timeline depending on the court’s scheduling backlog and the length of the trial itself.
But how often do personal injury cases go to trial? A majority of these claims settle outside of court, though you can’t rule out the possibility of a trial.
Pros and Cons of Settling Your Case vs. Going to Trial
You have the power when it comes to accepting a settlement offer or going through litigation. Your lawyer may offer their professional recommendation and advice before you make a decision. You also have to consider the advantages and drawbacks of each outcome.
Settling Comes With Fewer Risks
How often do personal injury cases go to trial? Research suggests that only a small percentage of cases end with a trial, while the overwhelming majority of them settle out of court. Pre-trial settlements are so common because of the advantages they provide plaintiffs, including:
- Quick closure: You could put the case behind you quickly instead of waiting several more months for a trial to even begin.
- Fewer legal costs: By prolonging the case, your attorney will charge more fees. Settling during negotiations can minimize the amount you owe in legal fees.
- Less stress: If you’re willing to accept a settlement offer, the process may be much less stressful than going through with a trial.
- Privacy: Sensitive information will be kept private with a settlement, whereas trials expose that information to public scrutiny.
- Certain compensation: Accepting an offer ensures that you’ll receive compensation for your claim.
One drawback of settling is that you may end up with less compensation than a trial victory could provide.
Trials May Suit Certain Plaintiffs Better
Bringing your case to trial means higher risks but potentially higher rewards. Some plaintiffs want to hold a negligent party publicly responsible for their injury, and a trial can allow that opportunity. Winning the trial may lead to a higher financial reward than settling out of court, though outcomes vary by case.
Bear in mind that a trial isn’t always the right choice for you. You risk losing the case and receiving no compensation for your injury. Going to trial also extends the case’s timeline, which may bring additional stress and inconvenience, not to mention more legal fees.
Common Reasons Why Personal Injury Cases Go to Trial
If you ask an attorney, “How often do personal injury cases go to trial?” they’ll tell you that settling outside of court is far more common. However, going to trial isn’t out of the question, especially if the following issues impact settlement negotiations:
- Low-ball offers: An insurance company typically offers a settlement on the defendant’s behalf. If the insurer refuses to meet the plaintiff’s demands, they may force the case to go to trial.
- Liability disputes: Some defendants dispute the plaintiff’s claim regarding their liability, which prompts the case to go to trial.
- A desire for public proceedings: A plaintiff could prefer their case to be heard in court if they want the defendant’s alleged wrongdoing made public.
- Legal complexities: Some cases are too complex to resolve through negotiations or mediation. If there are multiple defendants or complicated legal points, lawyers may recommend litigation.
What To Expect During the Legal Process
When you’re hurt due to someone else’s negligence, you may be able to seek compensation by filing a personal injury claim. Consult a lawyer who can review your options, provide tips for preserving evidence, and assist you with the claim. Settlement negotiations will likely occur in an effort to prevent the case from going to trial.
If you’re unable to reach a resolution out of court, filing a lawsuit is the next step in the process. Here’s what you can expect:
- Discovery phase: At this time, both sides gather their final pieces of evidence and exchange relevant information.
- Motions: Your lawyer may file a motion with the court for certain interventions, such as dismissing evidence.
- Final negotiations: How often do personal injury cases go to trial? If neither side agrees on an offer during final negotiations, a trial will commence.
- Trial: This process involves selecting a jury, delivering arguments, and letting the jury deliberate for a final verdict.
Depending on the outcome, one party may appeal the decision. This final step further prolongs the case and is usually recommended if one side believes a legal error is to blame for the outcome.
Consult a Personal Injury Attorney for Dedicated Legal Assistance
After reading this guide, you no longer have to wonder, “How often do personal injury cases go to trial?” If you’re looking to pursue compensation for an injury or have your claim denied, Hann Law Firm may be able to help.
We handle a wide range of personal injury claims, from car and motorcycle accidents to dog bites and more. Contact us today at (408) 755-9793 to schedule a free case evaluation and discuss your options.
