When you suffer an injury due to someone else’s negligence, you may be considering filing a personal injury lawsuit. One of the most common questions that come up in this process is whether your case will go to trial or not. The answer to this question isn’t always straightforward because it depends on various factors.
In many cases, personal injury claims are settled out of court without ever going to trial. This happens when both parties involved reach an agreement on the amount of compensation that should be paid for the injuries and damages incurred. An out-of-court settlement can save time and resources for everyone involved, as trials can be lengthy and expensive.
However, if the at-fault party disputes liability or there is disagreement over the extent of your injuries or how much they’re worth, then your case may need to go to trial. Also, if you believe that the proposed settlement does not adequately cover your losses or future needs related to your injury, you might choose to take your case before a judge or jury.
It’s also crucial to understand that just because a lawsuit is filed doesn’t necessarily mean it will end up in court. A significant number of lawsuits are resolved through negotiation between attorneys before reaching a courtroom setting. This process often involves back-and-forth discussions where each side presents their arguments and evidence until they reach an agreement.
The decision whether or not to settle usually rests with you as the injured party – after consulting with your attorney who has evaluated all aspects of your claim including potential weaknesses in light of laws applicable in your jurisdiction and other relevant factors such as availability and credibility of witnesses etc.
If negotiations fail and a fair settlement cannot be reached out-of-court, then proceeding towards trial becomes inevitable. Your lawyer will prepare meticulously presenting facts compellingly while refuting counterclaims by defense lawyers effectively aiming for maximum compensation possible under law.
Going through a trial can be stressful but sometimes it’s necessary especially when insurance companies deny valid claims unfairly or offer unreasonably low settlements. Trials provide an opportunity for injured victims to have their day in court where a judge or jury makes the final decision on liability and compensation.
In conclusion, while many personal injury cases are settled out of court, there is always a possibility that yours could go to trial. It depends on the specifics of your case such as extent of injuries, disagreements over liability or damages, and willingness (or lack thereof) by insurance companies to offer fair settlement. Therefore, it’s important to hire an experienced attorney who can guide you through this complex process ensuring your rights are protected while pursuing maximum compensation for your losses.
Munley Law Personal Injury Attorneys
27 N 6th St, Stroudsburg, PA 18360
15703384494