Personal Injurie

Will My Personal Injury Case go to Trial?

If you suffered a personal injury, you might be wondering about your options. Many injured parties want to contact a Gainesville personal injury attorney to secure representation for their claim. However, for various reasons, they are afraid or opposed to going to court. Most people don’t understand that the vast majority of personal injury claims never make it inside a courtroom. As long as you properly document your claim and hire an experienced personal injury attorney, the U.S. Government statistics show that about five percent of personal injury cases go to trial. Our firm is not a quick settlement firm and we do not hesitate to take a case to trial in order to secure a complete recovery.  However, the majority of cases settle before the final stage of a trial either prior to litigation or during the litigation process such as at mediation.

Benefits of Settling a Personal Injury Case Before Trial

As evidenced by the number of cases that settle, there are benefits for both sides to settling a personal injury case before it goes to trial. These include:

  • Resolving the matter sooner, allowing you to get compensation quicker
  • Decreasing out of pocket costs required by litigation
  • Having more control over the outcome of the case instead of letting a jury decide
  • Avoiding testifying before a judge or a jury

Whenever possible, most insurance companies prefer to settle a claim before it goes to trial as it is less expensive and less risky for them.  However, some lawyers never litigate and/or never take cases to trial and insurance companies know that these attorneys will not call their bluff and will accept a quick settlement.  Never hire a quick settlement lawyer.

What Factors Influence Whether a Case Goes to Trial or Not?

Experienced Gainesville personal injury lawyers who have negotiated countless settlements and taken many cases through trial to verdict should be able to estimate the total damages a jury would award. They should also be able to evaluate their client and their client’s experience to estimate what their case should be worth. They do this by taking into account the following factors:

  • The extent of injuries suffered
  • Any permanent injuries
  • The costs of medical treatment
  • The length and types of treatment incurred
  • Future medical expenses
  • Client’s income and earning capacity
  • Lost wages and other economic damages
  • The documented pain and suffering and other non-economic damages
  • How the client will likely appear to a judge or jury
  • Jurisdiction
  • Recoveries for similar injuries and damages

Even the best Gainesville personal injury attorney can’t predict with 100 percent certainty whether your case will go to trial or not. As the client, you also have control over what happens in your case. If you aren’t happy with the settlement offer you receive, you should not hesitate to decline it.  You have the right to take your case to trial if the settlement offer is inadequate to make you whole.  Likewise, if you are happy with a settlement and don’t want to go to trial, you have the right to select that option. Your Gainesville personal injury attorney is there to provide you with their expertise so that you can make an informed decision.

Questions about the Case Process or Going to Trial? Talk to a Seasoned Gainesville Personal Injury Lawyer Today

At Banks, Stubbs & McFarland, we know that the personal injury case process comes with many questions and concerns. We are here to address them and to help you pursue full and fair compensation for whatever injuries and damages you’ve suffered. Our Gainesville personal injury attorneys have helped many clients just like you determine whether to settle their claim or proceed to trial. Call us at (770) 887-1209 or contact us online today to schedule your no-obligation personal injury case review.

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