Will My Personal Injury Case End Up in Court?


Will My Personal Injury Case End Up in Court?

At Litner + Deganian, we plan as if every case will go to trial. However, in our experience, about 70-80% of personal injury claims are settled before trial. There are three main reasons that insurance companies would rather settle your claim, all of which we can use to your advantage to negotiate the maximum compensation while avoiding the hassle of a trial:

  1. Their lawyers are expensive. Taking a personal injury case to court takes a lot of time and money. While we’re ready to go the distance on your behalf, the insurance companies and their lawyers often find that it will be less expensive to settle with you rather than pay their lawyers for a lengthy trial.
  2. They can’t control a jury. In court, a jury will most often decide your case, including the compensation for your injuries. Jurors are people just like you, so they may be more likely to sympathize with your situation. The insurance companies have to take this into account, making them more likely to settle before trial.
  3. They don’t want bad publicity. Sometimes big corporations are involved in the incident that causes injuries, like a national restaurant chain that owns the truck involved in a wreck. Bad publicity and public embarrassment can be expensive, so they may try harder to settle instead of risking a public trial.

Questions We Consider Before Going to Court

When you’re injured as a result of someone else’s mistake, you definitely want to hire an attorney who will take your case all the way to court if needed to get you the best outcome. You don’t want your case settled for less than the fair value, so be sure to ask about your attorney’s experience in court.

After trying to negotiate for the best settlement possible, here are a few of the questions we’ll discuss with you before deciding whether or not to take your case to court. Please remember that no one can predict what a judge and jury will think of your case.

  • Is a court trial worth the risk? We look at the potential risk and reward of a trial, meaning the chance for you to receive much higher or lower compensation in court. If the insurance company’s offer is still very low after we present all the facts, a jury may be much more understanding.
  • How much time will the trial take? Sometimes it’s better to fight in court, but we still need to consider how a lengthy trial may delay your ability to move on with your life.
  • What will the judge or jury think? We build a solid case around the facts, so the jury may be more likely to agree with the value we assign to your injuries as well as your pain and suffering.
  • Will the other side want to avoid bad publicity? If we think the insurance company or another involved big corporation will want to keep this quiet, sometimes, we may be able to use this to our advantage in court.

We Treat Every Case as If It’s Going to Trial

While some law firms are focused more on quick settlements, the personal injury attorneys at Litner + Deganian are looking for the best overall outcome for our clients. Sometimes the best result isn’t the easiest one. We’re prepared to go to court to fight for what you deserve

Do you have questions about your personal injury case? Please contact a Litner + Deganian personal injury attorney for a free consultation.

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