Nobody wants to go to court, but when the other party refuses to negotiate or “offers” far less than you deserve, a trial may be the only way to recover fair compensation. Keep reading to learn which factors make for a strong court case, then call a West Palm Beach personal injury lawyer when you’re ready to get started.
Factors that determine whether your case may go to trial
Determining whether your personal injury case will go to trial involves several factors, and often, the decision unfolds as the case progresses. Key considerations might indicate whether your case is headed to trial.
Complexity of the case
Cases with complex legal issues or disputed facts will likely go to trial. The case may require a judge or jury to resolve these disputes if there’s significant disagreement over who is at fault or the extent of your injuries.
Value of the claim
High-value cases, especially those involving severe injuries or significant financial losses, may be more likely to go to trial. Insurance companies may resist settling large claims quickly or without extensive evidence.
Insufficient settlement offers
If the at-fault party’s insurance company offers a settlement that doesn’t adequately cover your damages and negotiations fail to improve the offer, your attorney may recommend going to trial to seek fair compensation.
Liability disputes
If the defendant denies liability or claims that you contributed to your injuries, proving fault could require a more formal legal process, potentially leading to trial.
Willingness to go to trial
Your and the defendant’s willingness to go to trial can influence the outcome. If you are determined to seek justice in court or the defendant is unwilling to offer a reasonable settlement, the case may proceed to trial.
Strength of evidence
The strength of your evidence can affect whether your case goes to trial. Strong, clear evidence supporting your claim might encourage the defendant to settle to avoid the risk of losing in court. Conversely, if the evidence is ambiguous, both sides may have a strong chance of winning at trial.
Legal precedents
Cases that involve novel legal issues or have the potential to set new legal precedents might be more likely to go to trial. Both parties may see value in having a court address these issues.
Timeline and patience
The timeline of your case and your patience for a resolution play a role. Going to trial can significantly extend the time to resolve your case. You might be more inclined to accept a settlement if you prefer a quicker resolution.
What percentage of personal injury cases go to trial?
It is widely recognized within the legal community that a relatively small fraction of personal injury cases proceed to trial. Estimates suggest that approximately 5% to 10% of such cases are litigated in a courtroom, with about 95% settled out of court.
Don’t delay – Call Lytal, Reiter, Smith, Ivey & Fronrath today
Ultimately, the decision to go to trial is complex and depends on a mixture of legal strategy, the specifics of your case, and personal considerations. Consulting with a knowledgeable personal injury attorney is crucial. They can evaluate your case’s specifics, advise on the likelihood of going to trial, and guide you through the decision-making process to achieve the best possible outcome for your situation. Call (561) 655-1990 to schedule your free consultation in West Palm Beach.
