Most personal injury cases are settled out of court, but for those that proceed to trial, several factors can contribute. This blog will help clarify why some personal injury cases go to trial and how to increase your chances of securing the best possible settlement outcome, regardless.
Common Reasons Personal Injury Cases Settle out of Court
Here are a few circumstances that lead to personal injury cases settling out of court:
- The defendant’s insurance company acknowledges that the plaintiff will prevail in court and wants to save the litigation expenses. Therefore, it is in the insurance company’s interest to settle.
- The out-of-court settlement is the maximum amount available under the insurance policy.
- The settlement offered to the plaintiff by the defendant’s insurance company is likely very close to what the plaintiff would win at trial. For this reason, it may make more sense to accept a fair settlement.
What to Expect When a Personal Injury Case Goes to Trial
If negotiations do not result in a fair settlement, your attorney may recommend going to trial. Here are the five basic steps in the process of preparing a case for trial and the critical roles your personal injury attorney will take:
- Jury Selection: Attorneys for both sides participate in the jury selection process to ensure a fair and impartial panel of jurors. However, attorneys may strike potential jurors from the pool without giving a reason and challenge requests to remove potential jurors made by the opposing attorney. Thus, securing a personal injury attorney with ample trial experience is pivotal.
- Opening Statements: A skilled personal injury attorney has the opportunity to make an excellent first impression in the opening statement, a vital component to a successful outcome. Your attorney will outline the case and describe the key points they intend to prove.
- Presentation of Evidence: Your attorney will present evidence in documents, exhibits, and testimony by witnesses and possibly experts. Additionally, your attorney will cross-examine the opposing side’s witnesses to discount their testimony and credibility.
- Jury Deliberation: Attorneys are not directly involved in this part of the trial process, which begins with the judge reading the jury’s instructions and ensuring they are understood.
- Verdict: The judge reads the jury’s verdict to the court. In California, three-fourths of the jury must agree to a verdict. If they cannot, the case is considered a “hung jury,” and the judge may declare a mistrial. If that occurs, the case may be retried with a new jury, or the parties may decide to settle out of court. This can be explained in more detail during our free, no-risk consultation with all potential clients.
Improving Your Chances for a Maximum Settlement
As with most legal disputes, retaining a skilled attorney right away is critical. First and foremost, it is essential to find out what a personal injury case may be worth as soon as possible, and an experienced personal injury attorney is the appropriate person to evaluate the facts. This may happen at your free consultation, which our personal injury attorneys offer.
Skilled and Affordable Legal Help is Available
The team of skilled personal injury attorneys at Eason & Tambornini has over 100 years of legal experience. We fight for maximum, fair compensation for injuries and losses for every client we serve.
FREE Consultation and NO Upfront Legal Fees
We offer a free, no-risk consultation to discuss the facts of your case. Additionally, we take cases on a contingency basis only, which means you pay nothing until you win.
Schedule a free, no-risk consultation today by calling Eason & Tambornini at (916) 438-1819.
