When going through a personal injury claim, one may wonder, “Do personal Injury cases go to trial?”. Most personal injury claims are settled through negotiation between your attorney and the insurance company. Settling personal injury claims often happens when both parties agree to a compensation amount without going to trial. This is a quicker, less expensive option, and it can bring a sense of closure sooner. However, when the insurance company refuses to offer a reasonable settlement or questions your injuries or the liability of the other party, taking the case to trial becomes a serious consideration.
It’s during these moments that the decision to push forward with a personal injury trial can make a significant difference in the outcome of your case. With the legal support of our Camden personal injury attorneys at Savage, Royall & Sheheen LLC, you can increase your chances of securing the compensation you deserve.
Why Do Personal Injury Cases Go to Trial?
While most personal injury claims are settled out of court, some cases do go to trial when fair compensation can’t be agreed upon. This often happens when insurance companies dispute who was at fault, downplay the extent of your injuries, or undervalue your claim. If negotiations fail and the settlement offered doesn’t cover your medical costs, lost wages, or suffering, a trial may be necessary to pursue the compensation you deserve.
Benefits of Settling Personal Injury Claims
Settlements often provide a smoother, less stressful path to obtaining the compensation you deserve. Here are some key benefits:
Faster Resolution
Trials can take months or even years, especially if appeals become involved. Settlements, however, generally resolve more quickly, helping you move forward with your life sooner.
Certainty and Control
When settling personal injury claims, you have greater certainty and more control over the outcome. Rather than leaving your fate in the hands of a jury or judge, you actively participate in negotiations and approve the final agreement.
Reduced Stress
A trial can be stressful and emotionally draining, especially when dealing with serious injuries. By settling your claim, you can avoid the anxiety and emotional toll often associated with courtroom procedures.
Privacy
Personal injury trials are public matters, which means sensitive details about your injuries, personal life, and finances can become public record. Settlements offer more privacy, as the details can remain confidential.
Lower Legal Costs
Trials involve more extensive preparation, additional expert witnesses, and longer attorney hours. Settlements incur lower legal costs, leaving more of the compensation awarded directly in your hands.
What to Expect During a Personal Injury Trial
If your personal injury claim doesn’t settle, you may find yourself preparing for a personal injury trial. Here’s a step-by-step overview of what typically happens during a trial:
1. Jury Selection
The trial begins with jury selection. Attorneys from both sides ask potential jurors questions to identify any biases or conflicts of interest. The goal is to select an impartial jury that will fairly assess the evidence.
2. Opening Statements
Once a jury is selected, each attorney presents an opening statement. These statements summarize each side’s case, outline key facts, and provide a roadmap of what the jury can expect to hear during the trial.
3. Presentation of Evidence and Witness Testimony
The plaintiff’s attorney presents evidence first, including medical records, photographs, expert testimony, and witness accounts that support the claim. Afterward, the defense attorney will present their evidence and witnesses to challenge or counter the plaintiff’s allegations.
You may be asked to testify. Your attorney will guide you carefully through this process, preparing you beforehand and ensuring you feel comfortable sharing your story.
4. Cross-Examination
Each side will have the opportunity to cross-examine the other side’s witnesses. During cross-examination, attorneys ask pointed questions designed to clarify facts, highlight inconsistencies, or challenge credibility.
5. Closing Arguments
After all the evidence is presented, attorneys from both sides deliver closing arguments. These final statements summarize the evidence, reinforce their key points, and persuade the jury why their client deserves a favorable verdict.
6. Jury Deliberation
Once closing arguments conclude, the judge provides instructions to the jury regarding the applicable law and standards for decision-making. The jury then deliberates privately, reviewing evidence and testimonies to reach a verdict.
7. Verdict and Judgment
The jury announces its verdict. If they rule in your favor, the jury will determine the amount of compensation you’re entitled to. Following the verdict, the judge formally enters judgment.
Role of a Camden Personal Injury Attorney
From the initial consultation, a Camden personal injury attorney carefully assesses your situation, analyzing every detail of your injury, the circumstances surrounding your accident, and the losses you’ve experienced.
From there, we gather and organize the evidence needed to build a strong claim. This can involve working with medical professionals, accident reconstruction experts, and other specialists who can help support your case.
We also handle all communication with insurance companies, shielding you from tactics that are often designed to minimize payouts. Our experience ensures your claim is taken seriously, and that your voice is heard.
If negotiations fail, we become your trial advocate. This includes preparing legal arguments, selecting a jury, presenting evidence, and examining witnesses. We will also make clear, persuasive arguments on your behalf, so a judge or jury understands exactly how the injury has affected your life.
Contact Our Personal Injury Lawyer Today
Having the right Camden personal injury attorney by your side can make a difference, regardless of whether your case settles or proceeds to trial. We know how overwhelming a trial can feel. That’s why we take the time to explain your options clearly, answer your questions, and keep you informed every step of the way.
So if you’re wondering whether your case might go to trial or settle, let’s talk about it. Contact our Camden personal injury attorneys at 803-432-4391 for a free consultation. We’ll help you understand your options and fight for the outcome you deserve.