Why Should My Case Go To Trial?


The majority of car accident cases do not go to trial, and you probably do not want your personal injury case to go to trial either. While trials are more expensive and time-consuming, there are some situations where your personal injury attorney may recommend that you have your case go to trial. 

Lawsuits Are Unpopular

Personal injury attorneys often hear from their clients that they do not want to sue anyone. Even lawyers who are experienced with going to trial do not want to file a lawsuit unless they absolutely have to. However, there are some cases where an insurance provider or private party will simply force you to sue. Adjusters know that you will likely be afraid to go to court and may simply refuse to offer a reasonable settlement when they think a lawsuit isn't on the table. If you are dealing with a private party, they might simply be uncooperative.

What to Expect from a Trial

If you do decide to go to trial, make sure to hire a personal injury lawyer who has represented a client in court in the past. When going to court, the most essential part is gathering evidence to present to a judge or jury. This will include:

  • Photographs of the accident
  • Witness testimony
  • Medical records
  • Expert testimony
  • Police records

These pieces of evidence will be examined in detail. The result of the trial can be unpredictable. In some cases, the jury may award much higher damages than you would settle for because they may feel sympathetic toward your case. However, there is no guarantee of this happening. 

Disadvantages of a Trial

Trials can be unpredictable despite the established case law. You do not have to accept a settlement offer but a court ruling is largely final, barring appeals. You may also be required to pay for attorney fees if you win less at court than what the defendant would have settled for. 

Trials are also public, and you are able to keep details secret that you might find embarrassing when you settle. Every detail of a trail is part of the public record. 

Why Go to Trial

With the disadvantages, why go to trial? A trial is the only way to force a defendant to pay for damages when they are uncooperative. You will owe the creditor the debt and the courts may order that their wages be garnished or they may levy their bank accounts. Therefore, going to trial is occasionally the best option.

For more information about the going to trial versus settling, contact a personal injury attorney


2 June 2020

Your Questions Answered About Accident and Personal Injury Attorneys

When a person is involved in an accident that's caused by someone else, they may need to speak with an accident and personal injury attorney. Mounting costs of medical care and time off from work can cause money problems for people who are injured. Those who hire an attorney can often receive monetary compensation from the responsible party. We aren't involved in the legal profession, but we do understand the stress that injuries and medical bills can cause. We've researched legal information and written this blog to help those who are in this situation. We hope the articles on our site will answer the questions you have about accident and personal injury attorneys.