Reasons Cases Go to Trial The defendant's insurance company does not want to set a precedent for resolving the type of case in question. The amount demanded by the plaintiff's lawyer is too high. Plaintiff Believes Defendant Should Be Publicly Accountable for Injuries. While most personal injury lawsuits are resolved out of court, there are some cases where a personal injury lawsuit can end up going to court.
Sometimes, even an experienced personal injury lawyer cannot predict the insurance company's unwillingness to reach a settlement agreement and the corresponding willingness to go to court. The litigation phase begins when you and your lawyer file a personal injury lawsuit in court. The filing of the lawsuit sets the clock on when the case could go to trial. Each state's pretrial procedures are different, but it will generally take one to two years for a personal injury case to go to trial.
Keep in mind that a lawsuit must be filed within the strict time limits that each state has set out in a law called a statute of limitations. If the other party to your case doesn't agree that it caused your accident and personal injury, you may have a disputed claim. Liability disputes increase the chances of a case going to trial, since a settlement depends on both parties agreeing with each other. Agreements are achieved by communicating, committing and agreeing on an amount of money that will solve the problem.
If both parties cannot agree on who is responsible for causing the accident, the case can end up before a judge or jury. A jury will hear both parties to the case and determine fault based on the facts and evidence presented. So why would a case go to court? Well, it usually happens because the insurance company refuses to pay the amount of money the plaintiff asks for. Therefore, the company can accept the risk of losing a lawsuit for the cost of paying a large settlement.
If you were injured in an accident due to someone else's negligent actions, you are likely to be involved in a personal injury settlement or go to trial if a settlement cannot be reached. Work with a Richmond personal injury lawyer to improve your chances of achieving a successful settlement for your personal injury case. You can handle a small personal injury claim yourself (as long as you are comfortable with the process and are sure you can get a fair outcome), but you will absolutely need an attorney for any personal injury claim where you have suffered a significant injury, or the other party is struggling on issues key. The insurance company may use several tactics to try to prove that your injuries do not represent the limitations you claim, or to dispute the amount you are seeking as compensation for your injuries.
In a personal injury case, you will have the option of accepting a settlement or taking your case to trial. If you're curious if your personal injury case will go to trial, ask yourself if your case involves any of the challenges that most often lead to a day in court. According to the U.S. Department of Justice, only about 3 percent of tort cases, or the area of law comprised of personal injury lawsuits, end up being resolved in court.
In most cases, the parties involved in the lawsuit reach a pre-trial verdict, either through negotiation before the lawsuit reaches court or in mediation with an experienced Orlando judge, retired judge, or personal injury lawyer. If your personal injury lawyer can get you a fair settlement for your injuries and damages without the need for a trial, there is no reason not to reach a settlement outside of court. Often, insurance companies use evidence from their social media page or even communications with insurance agents to try to establish that your injuries don't limit you as much as you claim. Some personal injury cases go to trial in Virginia because, while both parties agree on fault, they disagree on the value of the claim.
With personal injury trials, the jury must determine if a defendant caused the plaintiff's injuries and how much money they should pay in compensation. When a personal injury case actually goes to trial, the parties involved argue their cases before a judge or jury who will determine if the defendant should be held liable for the plaintiff's damages. . .