Will My Personal Injury Case Go To Trial?

Will My Personal Injury Case Go To Trial?

Courtroom justice can look appealing when viewed through the lens of television and movies, but when you’re the one who’s injured, you may want to find closure without hearing the strike of a gavel. Litigation is not as intimidating as it seems, but it’s also important to recognize the toll it can take and the effort that it can require.

At Nicolet Law Accident & Injury Attorneys, we want you to know that most personal injury cases do not go to trial. About 95% of personal injury cases settle out of court. Let’s look at why that is, and what it can take to land in that remaining 5%.

Why Do People Choose Settlements? 

Settlements are often preferred for four key reasons: 

1. They can be faster 
2. They can be more cost-effective 
3. They can offer more privacy 
4. They are often less risky 

Let’s go more in-depth with each of these: 

Faster 

Court cases are not known for being short-term endeavors. They can stretch for months or even years. If you just want to recover and move on, the abridged nature of a settlement can be far less overwhelming.

 

Cost-effective 

While settlement negotiations can certainly be robust and complex in their own way, they are notably less structured and often less expensive than litigation. 

More privacy 

There’s a big difference between opening up to find support and having your story made public in a courtroom. Settlement negotiations still involve others, but they tend to offer far more discretion. 

Less Risky 

When you sign a settlement agreement, you accept whatever compensation is outlined in the fine print, and the case is put to rest. 

In litigation, your financial recovery is put at the mercy of a jury. They may award you far more than your settlement negotiations offered, but that’s not promised. 

5 Tips For Keeping Your Case Out Of Court 

For more successful settlement talks, following these tips can help: 

• Get in contact with an attorney ASAP 
• Gather and organize documentation 
• Follow your doctor’s orders 
• Be wary of using social media 
• Keep track of deadlines and requests 

Getting in contact with an attorney can be especially important, as they can help with the other bullet points on this list. 

Get in contact with an attorney ASAP 

Not enough people realize how much harm can be done to their case in just the first week after an injury. An experienced personal injury attorney can help you avoid these missteps and stand up to the penny-pinching insurance company. Strong cases are built with time and effort, and an attorney can put in a greater effort the more time they have. 

Gather detailed documentation 

Evidence of your injury and condition is vital. From the accident scene to your most recent doctor’s visit, there are plenty of medical records to gather, pictures to take, witness statements to collect, and more. An experienced personal injury attorney can help you compile all of this. 

The more tangible evidence there is, the fewer opportunities the insurance company has to dispute your account of the events. 

Follow your doctor’s orders 

Your treatments may change over time, and you and your doctor may need to troubleshoot what works best for you. Your follow-through is vital. Skipping appointments, adjusting your treatments without consulting your doctor, and anything else that compromises your treatment is highly inadvisable. The insurance company can easily twist this to fit their own narrative. 

Be cautious on social media 

Insurance companies will be looking for any information that they could use against you. Social media posts, or even commenting on others’ posts, could harm your case. To keep your case protected, avoid discussing it online in any form. Be careful about discussing your case in general. You may share details with a loved one, only to find out later that they made a post sharing the details. 

Keep track of deadlines and requests 

Personal injury cases can come with a lot of fine print and deadlines too. While an attorney can help you, being proactive about organization can be vital. This can help prevent complications. 

What Can Lead To A Trial? 

While settlement talks with the insurance company may feel like a tug of war, some issues can bring the entire process to a screeching halt. 

1. The insurance company is disputing your version of events and challenging the amount of compensation you are requesting. 
2. The at-fault party refuses to admit fault 

This can be incredibly frustrating, especially if your case seems cut and dry. You know who is at fault. You are living with pain. Yet still, you are being denied compensation. 

What Happens During A Personal Injury Trial? 

Even if you and your attorney determine that litigation is the right path, it is natural to feel nervous. Let’s talk more about what comes next. 

Jury Selection 

Also known as voir dire, where both attorneys (yours and the accused party's) work to select an impartial jury. Attorneys ask questions to potential jurors to see who might be able to assess the case fairly. Those with clear bias are often dismissed. 

Opening Statements 

Think of opening statements as a map. Both attorneys will highlight the facts of the case and the legal arguments that support their clients. 

Presentation of Evidence 

Each side presents evidence (medical documentation, multimedia recordings, etc.) that can support their claims. Your attorney may bring forth a multitude of evidence, from medical documentation to multimedia recordings and witness statements. This evidence aims to establish fault and reinforce your need for compensation. 

Witness Testimony 

During this phase, relevant individuals can be called to testify to the severity of your injury. This may include your doctor, subject matter experts, and loved ones. Your doctor can explain the intricacies of your medical condition, while subject matter experts can clarify how the incident occurred. Loved ones can offer the unique perspective of how your injury has shaped your everyday life. 

Cross-Examination 

Your attorney will question the opposing side’s witnesses. In turn, the opposing attorney will question yours. 

Closing Arguments 

Before the jury decides your fate, both attorneys take this final opportunity to summarize their cases and make their final points. 

Jury Deliberation & Verdict 

After closing arguments finish, the jury moves to a private room to review the evidence. Once they agree on a verdict, it is read aloud in court. 

3 Common Misconceptions About Trials 

We hope this blog has shed light on settlement negotiations and courtroom litigation. While the majority of personal injury cases lead to settlements, out-of-court settlements aren’t always the right path. Let’s address some of the stigma around going to trial. 

“Trials take years” 

The timeline will vary case by case. Notably, the process leading up to a trial can take the lion’s share of said timeline.  

“Juries are always partial to the victim” 

Even if anecdotal stories seem to support this idea, it doesn’t reflect reality. The story you think the jurors hear may not be the one they process. Jury verdicts can be surprising. 

“A trial will put me on public display” 

Trials are public, yes. There will be a greater audience than in settlement talks. Public access does not equate to public exposure. 

Why To Not Fear Litigation 

Your world has likely been turned upside down by your recent injury. It is understandable to want to stay away from the stress of a courtroom. At Nicolet Law, we believe in being transparent with our clients about the details of their case. That means talking both about the challenges that lie ahead as well as how we can reduce stress. 

Working with an attorney who is well versed in settlement negotiations and is equally prepared to enter litigation is crucial. You deserve an advocate who is prepared for whatever comes next and won’t be out of their depth. 

Talk With A Personal Injury Attorney To Learn More About Your Case 

The question of whether a personal injury case will go to trial is a common one, with a lot of stress riding on it. At Nicolet Law, our attorneys prioritize keeping our clients informed throughout the process, from the first consultation to the case’s resolution.