How Likely is it that my Personal Injury Case Will Go to Trial?

When most people think about pursuing legal action, they picture a typical courtroom scene. However, not all cases require in-trial litigation. In fact, a large portion of cases are settled outside of court. This is especially true for personal injury cases, but there is still a possibility that these types of cases can go to trial.

Why Would a Personal Injury Case Go to Trial?

To resolve a personal injury case, the involved parties must reach some kind of agreement on who was at fault, the extent of the damages, and the financial worth of the total impact of the injury. Generally, these details are evaluated during a settlement period. Through negotiation, bargaining, and compromise, individuals working through a personal injury case can decide on how to resolve the claim without going to trial. This saves time, additional legal fees, and the overall inconvenience that a trial can bring.

Of course, reaching an agreement isn’t always easy. When legal consequences and large sums of money are involved, compromise can be even more difficult. A disagreement is the main reason a personal injury case would go to trial — either a disagreement over financial matters, a defendant’s staunch argument that they are not at fault, or some other discrepancy.

Evaluating the Likelihood of Trial

Personal injury cases usually go to trial because of disagreements that arise during settlement negotiations. The unexpected nature of these disputes make it almost impossible to predict if a case will enter a courtroom. An opposing attorney’s history of going to trial or previous communication with a defendant that exhibited an unwillingness to compromise could signal the potential of trial, but these indicators are not at all foolproof.

Although you can’t predict if your personal injury case will be tried, you can prepare for the possibility by contacting our experienced lawyers. At Ortega, McGlashan, Hicks & Perez, PLLC, we’re prepared to do what is necessary to recover the compensation you deserve.

Schedule a free case evaluation from our team by sending us a message or calling (915) 206-5154.