Most personal injury attorneys try to settle their cases for their clients before going to trial. There are several reasons for this. First, going to trial is a very stressful process for victims. Secondly, it can delay getting an answer on how much you will be given in your award. Meanwhile, your medical bills will need to be paid as well as your other bills if you are not working. Attorneys try to settle cases after negotiating for the highest award amount possible so that way their clients can move on with their lives. In total, the process of a personal injury claim settling can take several weeks to even months or a year.
But then there are some instances where the case does not settle and it goes to trial. While this is the less-likely scenario, you still should be prepared for the possibility of it. The underlying reason cases go to trial is usually because there is some disagreement about the facts of the case, which would affect who is liable. That then affects who pays for what damages. Wherever those discrepancies come from varies from case to case.
This will go over some of the reasons why your case could make it all the way to a trial.
Why A Personal Injury Case Can Go to Trial
One reason why a personal injury case can go to trial is because of delays. Personal Injury Attorneys recommend seeking medical assistance immediately after an accident. Otherwise, the insurance company will claim that your injuries must not have been that severe if they did not bother you enough to go seek relief right away and that your injuries must be due to another, unrelated accident that they are not responsible for. This is a common argument used by defendants in these types of cases.
The best way to prevent the other side from making this argument is to go to the nearest emergency room after an accident, keeping a record of your injuries in a daily diary, and to provide the medical bills and records to your attorney. Remember, the sooner you seek medical assistance and the legal advice of a reputable attorney, the better.
A personal injury case may also go to trial if the insurance company does not want to set a precedent for settling cases at the amount your attorney negotiates.
How to improve the chances of your case settling
If the defendant’s insurance company is pretty sure that they would lose in court, then they will try to settle with you beforehand to avoid having to pay court fees. When they see that you have hired a skilled and experienced personal injury attorney who has built a strong case in your favor, then they will want to stay out of a courtroom where they could potentially lose their case and end up paying out a lot more than they wanted to.
When you hire your intrepid personal injury attorney there are some things you can provide to them to help your case. Among them include:
- The police report
- Your medical bills
- Salary or wage information
- School information if you are a university student
- Any information from any physicians or specialists about your condition