Do All Personal Injury Claims Go to Trial?

An overwhelming majority or close to 80 percent of all personal injury claims will settle without the need for a trial, according to All Law, a legal website. Trials are expensive, time-consuming, and often plaintiffs and defendants prefer not to drag out matters too long.

Apart from the time and convenience factor, a trial in court is unpredictable, and there is no way to guarantee that the jury will decide in your favor. Therefore, defendants and plaintiffs very often prefer to come to the negotiation table and reach a settlement. However, there are cases in which it is best to go to trial.

When is it best to go to trial?

Even though a trial is more expensive than accepting a settlement it is best to go to trial if the other party in your case is not offering you a settlement that is acceptable or even fair to you. While personal injury claims negotiations may involve some give-and-take, know your rights so that you receive appropriate treatment. If the settlement is not acceptable to you and not fair to you at all, it is best to take the matter to a trial.

Some types of litigation cases, especially those in which liability is very clear, and the defendant is clearly in the wrong, are much more likely to go to trial. In those cases in which the damages are clear and easy to establish, and there is a clear precedent or history of a jury verdict in favor of the plaintiff. It may make more sense for the case to go to trial if the defendant is not cooperative.

How to Determine if a Case Should Go to Trial

An attorney offers the most help when preferring legal counsel to assist the plaintiff to decide if he or she wants to go to trial or accept a settlement. There are a few instances when you can settle an injury claim on your own in Dallas but if your damages are significant – significant enough to want to go to trial – this is a sign that you should hire a lawyer. Deciding between taking a settlement and going to trial a critical decision, and hinges on some factors besides the liability of the defendant, and the extent of the damages. Your attorney must also be confident about taking the case to trial.

In some instances, continued negotiations can seem fruitless, especially if the defendant stands ground and refuses to give an inch. When the defendant does not budge, it’s often best to go to trial and take your chances with a jury verdict.

To determine if your claim will resolve at the settlement stage, or you will need to take it to trial, discuss your case with Dallas’s personal injury lawyer Julie Johnson at the Law Office of Julie Johnson. Call 214-290-8001 and speak with her today!

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