Will my personal injury case go to trial?


When you get injured in an accident, you may decide to hire legal representation to help you put together your case against whoever is responsible for the accident. As the days and weeks go by, you may start to wonder whether your case will end up going to trial or not. The answer to this question is that it generally depends on the particulars of your case, but, in general, almost 95 percent of personal injury cases end up settling before any court proceedings start.

Will I be better off if my case goes to trial?

It may happen that at a trial, you will be awarded greater damages than those offered by the insurance company of the defendant. Yet, there is also a chance that you may end up with nothing or receive an award that is considerably lower than what the insurance company had offered you prior to the trial. At some point, you may have doubts as to what your best option is or may follow your instincts and decide to settle instead of going to trial.

Why would my case settle before going to trial?

Depending on the damages you seek, you may find that the insurance company will make you an attractive offer to avoid ending up in court and being saddled with attorney’s fees and court costs. Or maybe the amount you are seeking is low, and the insurance company understands that it works in their favor to agree to your demands rather than waste time fighting about it while accumulating attorney’s fees and other costs.

Finally, you may consider that the amount the insurance company is offering you is fair, and you do not believe that you would get any more by going to court.

Why might my case end up in court?

There are instances where the insurance company may believe that it can win the case. If so, they will either offer you a very low settlement or none at all. Or, on the other hand, the amount you might be seeking is so considerable that the insurance company would rather fight you in court than agree to the large payout.

Are there reasons why I should try to avoid going to court?

There are several reasons why it may be more attractive for you to settle than to battle it out in court. Among them:

  • You will save on legal and court costs when you accept a settlement, and your case can be closed quickly.
  • Going to court carries the risk of an uncertain outcome. Neither you nor the other side can be sure who will win or how the trial will develop.
  • By accepting the settlement amount, you will avoid paying any expenses and costs associated with a court trial.

Work With an Experienced Personal Injury Lawyer

The Issa Castro Law Firm recommends that you work with a lawyer who has had plenty of experience in your types of personal injury cases. A lawyer who is able to give you a good estimate as to how much your case is worth and how much you can expect to receive in a settlement as opposed to going to court.