One of the common questions that personal injury claimants have is, “Will my case go to trial?” The answer to that question depends on many factors, including whether liability is in dispute, the damages involved, and your personal preference.
An experienced injury lawyer in Denver can guide you through the legal process and advise you of your legal options along the way.
How Personal Injury Cases Are Resolved
Most personal injury cases are resolved through a settlement. Typically, an injured person will file a claim with the at-fault party’s insurance company.
If the accident was a car accident, they would file a claim with the at-fault driver’s liability car insurance policy. If the accident was a slip and fall, the business might have general liability insurance coverage. The insurance company and the accident victim’s lawyer may negotiate to reach a fair settlement.
If the insurance company denies the claim or fails to make a fair settlement offer, you could sue the at-fault party. Suing involves filing a formal complaint in court, demanding compensation. If a trial proceeds, your lawyer may file various motions and discovery requests to prepare for trial. You can continue to engage in settlement discussions and participate in mediation to try to reach an agreement out of court.
If you are still unable to resolve your claim, a trial will commence. At trial, both parties have the right to share their side of the story, call witnesses, present evidence, and cross-examine the other side’s witnesses.
How Often Personal Injury Cases Go to Trial
While many people worry about having to go to trial after being injured, the United States government estimates that only about three percent of personal injury cases go to trial. Based on these numbers, it’s unlikely that your case would go to trial.
Still, if it does, it’s best to be represented by a trial attorney who knows how to build your case.
Pros and Cons of a Settlement
The advantages of settling your personal injury case include:
- Receiving your money faster
- Avoiding the length, expense, and frustration of a trial
- Having a certain outcome in your case
- Not having to discuss your private information in an open forum
The disadvantages of settling your personal injury case could include:
- Not having your day in court
- Not receiving a formal admission of responsibility from the at-fault party
- Potentially receiving less compensation
Pros and Cons of Taking Your Case to Trial
The advantages of trying your personal injury case include:
- Potential for higher compensation
- Feeling a sense of justice
- Receiving public acknowledgment of the harm you suffered
The disadvantages of having a personal injury trial include:
- Risk not receiving any compensation at all and having to owe legal costs
- More expensive
- Emotionally stressful
- Public exposure
- A longer timeline can take a toll on you
- No guaranteed outcome
Contact Our Dedicated Personal Injury Lawyers for Legal Advice
If you were injured in an accident caused by someone else’s negligence, the personal injury team at Dulin McQuinn Young is here to help. We can guide you through the legal process, whether your case ends in settlement or a trial.
Call us today for your free, no-obligation case review.