Some of our clients are surprised when we tell them that going to trial is not a necessity. Many personal injury cases settle up before reaching that point. That being said, there are sometimes good reasons to take your case to trial and make your arguments to a jury. Our Harrison personal injury attorneys can advise you about when this is might be a good option for you.
What Are Some Potential Benefits Of Going to Trial?
Going to trial with your personal injury lawsuit can be a good idea for a few reasons. A positive outcome can mean:
A higher settlement: If the insurance company did not want to give you a fair settlement, you may have more luck making your case in court. Your verdict could end up being far larger than any settlement offer discussed during the negotiation stages.
Punitive damages: Your verdict could also be more valuable because you may be able to win punitive damages. These are calculated separately from the compensatory damages meant to make up for the accident. Punitive damages are meant to punish someone for particularly dangerous or egregious behavior.
A new precedent: In some cases, people who file lawsuits also want to protect others and prevent them from going through the same thing. If you think that your court case could set a public precedent and make such accidents less likely to occur, then it might be worth it to go to trial.
Unfortunately, there are also some potential drawbacks to a trial. You could end up getting less than you would have settled for. You could even lose the case completely, getting nothing. Juries can be quite unpredictable. These proceedings can also be quite stressful and time-consuming. Some people who have been seriously injured do not want to go through all of this when they could just settle for a reasonable amount.
When is My Lawyer More Likely to Advocate Going to Trial?
You do not have to decide to go to trial on your own. Your lawyer can help you evaluate your case and figure out if taking the risk is a good idea. They can evaluate factors like:
- How much evidence you have
- The extent of your injuries
- The amount of compensation at stake
- Whether you will appear sympathetic to a jury
- Your income and earning capacity
- How low settlement offers have been
- Whether you are willing to wait a little longer for compensation
Talk to Our Legal Team Today
If you got hurt in any kind of accident and you believe that someone else is to blame, we want to hear from you. Contact Hausman & Pendzick to schedule a free case consultation. We want to help you claim the compensation that you deserve.