Do I Have to Go to Court for my Personal Injury Case?
Many people feel uneasy thinking about going to court after a serious injury. It’s common to imagine a crowded courtroom and tough questions from a judge or jury, which only adds more stress, especially when you’re trying to heal from serious injuries. Understanding what a trial actually involves, and when it’s truly needed, can ease some of that anxiety. Reach out to our experienced personal injury attorneys in Peachtree Corners for a free consultation.
Most Personal Injury Cases Never Go To Trial
Most personal injury cases are resolved without ever going to trial. This is because they’re usually resolved through settlement before it gets to this point. There are a few reasons for this:
Insurance Companies Generally Want To Avoid Trials
Insurance companies prefer to settle claims outside of court whenever possible. Trials can be expensive, time-consuming, and completely unpredictable for all sides. When insurers weigh the risk of a large jury verdict versus paying a reasonable settlement, they often choose to resolve the claim through negotiation.
Efficiency and Less Stress for Victims
Lengthy trials not only add months (or even years) to the process, but also place additional pressure and worry on people simply wanting to get their lives back on track. When a settlement is possible, injured victims generally want to settle as well instead of going to trial so they can focus on recovery and move forward.
Courts Promote Early Settlement
The legal system itself is set up to encourage settlements before a case ever reaches trial. Judges routinely ask both sides to consider mediation or participate in settlement conferences. This keeps dockets moving and saves valuable resources for cases that are truly hard to resolve and need to go to trial.
This doesn’t mean a case never goes to trial, but it is fairly rare.
When a Personal Injury Case May Go To Trial
While it’s rare for these cases to go to trial, that doesn’t mean it won’t happen. Below are some of the reasons a trial could occur:
Disputed Liability
If the at-fault party or their insurer claims they weren’t responsible for the accident, negotiations can become impossible. When no one is willing to admit blame and you’re dealing with significant losses, you may have to pursue the case further and take it to trial.
Disputes Over the Severity of Injuries
Insurance companies sometimes downplay the severity of your injuries. When this happens, they won’t be willing to pay you what you think you deserve. The result is often a trial so you can argue in front of a judge or jury what you believe you should receive.
Defendant Misconduct
When the person at fault acts especially recklessly, there’s a lot more at stake that might have to be figured out through a trial. You may want to seek punitive damages, which is sometimes easier to do and can be worth more when you are awarded them at trial.
Complex or High-Value Claims
Certain cases bring higher stakes or more complex facts. For example, cases involving commercial vehicles and significant damage or a wrongful death in Peachtree Corners are likely to draw more friction between the parties involved. It might not be possible to resolve things amicably through a settlement.
Trials aren’t common in personal injury cases, but they exist to make sure you can fight for what you believe you are entitled to. If you have any questions or need help seeking compensation, our firm is here for you. Reach out today to our team of skilled accident attorneys in Peachtree Corners at Bridger Law Group to schedule a free consultation.