Many personal injury claims are resolved before a lawsuit is filed, and even the lawsuits that are filed sometimes settle before the case goes to trial. However, not all personal injury cases can or should be settled outside of a courtroom. It’s best to prepare your case as if it will end up going to trial, even if it doesn’t. Let’s take a look at some examples of what decides the circumstances around the settlement of any personal injury case.

IS IT BEST FOR YOUR CASE TO SETTLE?

Maybe your personal injury case is pretty straightforward, and the other party’s insurance company is willing to pay a healthy sum that you’re happy with. If that’s the situation, then sure, maybe it’s best for you to settle outside of court. However, there are few “straightforward” cases that can be settled that easily. In fact, many cases can’t be settled at all. This may happen for two reasons:

• The case is too complex to settle: There are issues that need to be resolved in the time leading up to the trial, during what is known as the “discovery process.”
• The case is simple, but the other side just won’t give an inch: The opposing party might be unwilling to offer a fair settlement, necessitating a trial to achieve justice.

FACTORS INFLUENCING THE DECISION TO GO TO TRIAL

Complexity of the Case

Some cases involve intricate details and numerous parties, making a settlement difficult. These complexities often require the thorough examination that only a trial can provide.

Amount of Compensation

Sometimes the settlement offer might be significantly lower than what you deserve. If the compensation proposed doesn’t cover your medical expenses, lost wages, and other damages, going to trial might be necessary to secure fair compensation.

Liability Disputes

In some cases, the parties cannot agree on who is at fault. If the defendant denies liability or there’s a significant disagreement on the extent of fault, a trial can provide a platform to resolve these disputes.

Insurance Company Tactics

Insurance companies often try to minimize payouts. If they believe you might accept a lower settlement to avoid a trial, they may offer less than you deserve. Demonstrating preparedness for a trial can pressure them into offering a fair settlement.

HOW CAN YOU PREPARE FOR A TRIAL?

The best way to get ready for the possibility of a trial is to hire the best personal injury lawyer you can find. That means looking for someone who won’t just go through the motions and then hope you get a good settlement. Instead, you need an experienced, determined attorney who will work up your case to the furthest possible extent. This may include interviewing witnesses, investigating accident scenes, and more.

• Hiring an Experienced Attorney

Look for a lawyer with a proven track record in personal injury cases, particularly those that have gone to trial. An experienced lawyer will know how to build a strong case and anticipate the tactics the opposing side might use.

• Gathering Evidence

Collect all relevant evidence, including medical records, police reports, and witness statements. Your lawyer will help gather and organize this information to build a compelling case.

• Preparing Witnesses

Witnesses can provide crucial testimony that supports your case. Your lawyer will prepare witnesses to ensure they present clear, consistent, and credible testimonies.

• Understanding the Process

Familiarize yourself with the trial process. Knowing what to expect can reduce anxiety and help you stay focused during the proceedings.

THE ROLE OF A PERSONAL INJURY LAWYER IN TRIAL PREPARATION

A personal injury lawyer plays a vital role in preparing for trial. Their responsibilities include:

• Case Investigation

Thoroughly investigating the incident to gather all necessary evidence. This includes visiting the accident scene, reviewing surveillance footage, and consulting with experts.

• Legal Strategy

Developing a robust legal strategy tailored to your case. This involves identifying the strengths and weaknesses of your case and the opposition’s case.

• Trial Preparation

Preparing all trial documents, motions, and exhibits. Your lawyer will also prepare opening statements, closing arguments, and direct and cross-examinations of witnesses.

• Client Support

Providing you with continuous support and guidance throughout the process. This includes keeping you informed about the progress of your case and preparing you for your testimony.

WE CAN HELP!

Are you looking for an experienced, trustworthy personal injury lawyer? Contact Wettermark Keith today for a free consultation. If your case needs to go to trial, we will leave no stone unturned – and we’ll make sure your life gets back on track.