Will Your Personal Injury Case Go To Trial?

If you have been hurt due to another person’s negligence, you may have a right to compensation for your medical expenses, lost income, and other losses. However, obtaining the full compensation you deserve is not easy. There are times when a personal injury trial is necessary to obtain the full damages you deserve. So, how many personal injury cases go to trial? The vast majority of personal injury cases are settled out of court during negotiations between accident victims and liable parties. Fewer than five percent of personal injury cases go to trial.

There are many advantages to settling a case out of court rather than taking it to trial. Still, there are times when a trial is necessary.

Below, our Riverside personal injury lawyer outlines when cases are more likely to require a trial and what to expect if your case proceeds that far.

Settling a Personal Injury Out of Court vs. a Personal Injury Trial

If the insurance company representing the liable party agrees that the defendant is liable, and they are relatively confident that you would be successful in taking your case to court, they may agree to settle a personal injury case out of court. Settlements are often more appealing to insurance companies because they do not incur court costs, attorney’s fees, and trial preparation. The insurer may also be more willing to settle if the damages you are pursuing are insufficient to take to court.

Or, they may determine that you would win the same amount of damages if you took your case to court.

Still, there are times when a personal injury trial may be more likely than settling outside of the courtroom. These include:

• Permanent impairments or catastrophic injuries resulted in damages that are of a very high amount
• The insurance company has reason to believe that you were partly at fault for the accident
• The accident is not covered under the insurance policy, and so, the insurer believes they would win the case if you went to court
• The insurance company believes the injury is from a pre-existing condition and was not caused by the accident
• The evidence in your case is weak or circumstantial
• The insurance company believes that you failed to mitigate damages, so you are not entitled to the full damages you are pursuing

The Process for a Personal Injury Trial

Even though the vast majority of personal injury cases result in a settlement and do not go to trial, it is important to be prepared. In some cases, a personal injury trial is necessary to exercise your rights and obtain the compensation to which you are entitled. A trial will involve the following steps:

• File the complaint: All lawsuits begin when an injured party, known as the plaintiff, files a complaint against the person they are suing, known as the defendant. The complaint must then be served to the defendant, and they have a certain amount of time to respond to the lawsuit.
• Discovery phase: The discovery phase is often the longest phase of a trial. During this phase, each side will exchange information with the other side. Information is exchanged through interrogatories, depositions, requests to produce, and requests for admissions. The idea behind the discovery phase is that each side knows the information to be used against them, so everyone can go into the trial on equal footing.
• Settlement negotiations: Settlement negotiations are ongoing through all phases of a trial until a decision is issued. A fair settlement is often negotiated after discovery because one side may realize the evidence the other party has against them is strong enough.
• Pre-trial motions: The lawyers for each side will submit several pretrial motions to the court. These are often to dismiss the case or to admit or suppress evidence.
• Jury selection: Personal injury cases in California have a jury of 12 people. Each side can dismiss up to six jurors without cause.
• The trial: Personal injury trials consist of each side presenting opening arguments to the jury that outline their case. After both sides have made their opening statements, each will take turns examining witnesses on the stand, which consists of asking them questions related to the case. The other lawyer then has an opportunity to cross-examine. After all witnesses have been questioned, each lawyer will then present closing arguments summarizing their case.
• Verdict: After both sides have made their case, the jury will then make a decision. They will determine if the plaintiff is entitled to damages and if so, the amount of compensation they deserve.
• Appeals: If either side is unhappy with the outcome of their case, they can appeal the decision. However, the outcome must be more than just unsatisfactory. It must include a mistake of the law or misconduct. Both sides also only have a certain amount of time to appeal the outcome of a case.

Our Personal Injury Lawyers in Riverside Can Represent You at Trial

If you have been hurt due to another person’s negligence, you need legal help. At The JLF Firm, our Riverside personal injury lawyers can provide it. We know how to negotiate effectively on your behalf and if necessary, we have the experience with personal injury trials to represent you in court, too. Contact us to schedule a free case evaluation and to get the legal help you need.