Many personal injury cases settle, but there’s always the chance that you’ll have to go to trial when you sue for damages. A variety of factors can determine which way your case goes, but one thing is certain. Our Monmouth County personal injury attorneys will do everything that they can to help you negotiate a fair settlement, but if one cannot be reached then we can build you a case that can succeed in court.
Is It Rare for a Personal Injury Case to Go to Trial?
Most personal injury cases settle before they go to trial, but it’s possible that your case won’t be like most cases. Every lawsuit is different, and so many different elements can determine how one proceeds. Your lawyer can advise you about your options and whether settling or going to trial is the best course of action. Ultimately, it will be up to you though. So let’s learn a bit more about how a case can go to trial and what could happen after.
What Can Affect the Likelihood That My Case Will Go to Trial?
When it’s easy to attribute fault and there’s a lot of evidence against a defendant, they are probably going to be more likely to settle. The odds of needing to go to trial can rise if you’re dealing with issues like:
- Multiple liable parties
- Being accused of being partly at fault for your own accident and injuries
- Disagreement about fault
- Disagreement about how a settlement is calculated
- Lack of evidence
- Contradicting witness statements
- An insurer who won’t negotiate in good faith
What Should I Consider Before I Go to Trial?
If it does look like you’ll have to go to trial, you need to be prepared for all possible outcomes. You could get the damages you’re seeking or you could get even more than you asked for from a sympathetic jury. You could also get less than you would have settled for, or you could end up with nothing at all.
You may also have to testify. A court case can be stressful and drawn out, so you have to think about whether you can handle that as you deal with your injuries and try to get back into your normal routine.
What Kinds of Damages Can I Win in Court?
Winning in court means being compensated for the pain you have experienced and the expenses stemming from your accident. You could be reimbursed for:
- Medical expenses
- Pain and suffering
- Lost wages
- Loss of enjoyment
- Property damages
- Loss of earning potential
In some cases, you could even be awarded punitive damages. These are meant to punish a defendant for particularly bad behavior.
Talk to a Personal Injury Lawyer
If you want to learn more about your legal options, contact the Wilton Law Firm. We can schedule a free case consultation and tell you more about what our seasoned personal injury attorneys can do for you.
