Most personal injury cases do not go to trial. In general, only a small percentage, often estimated in the single digits, ever reach a courtroom, with the majority resolving through settlement before trial.
A Fox Injury Law Columbus, GA, personal injury lawyer at Fox Injury Law can help determine whether a settlement or trial makes the most sense based on the facts of your case.
Do most personal injury cases go to trial or settle?
Most personal injury court cases resolve through settlement during pre-trial stages, often after discovery or depositions clarify the strengths and weaknesses of each side’s position.
While most personal injury claims settle through negotiation, not all do. Sometimes it’s best to take your fight before a judge or jury. Instead of the involved parties coming to a settlement agreement, the judge or jury will hear arguments from both sides and render a verdict.
Claims resolved through settlements often do so more quickly and with less stress than those that go to trial. Settlement provides certainty, but the amount agreed upon may not fully reflect the long-term impact of your injuries. Still, that compensation may not represent the true value of your claim. An attorney’s role is to help you weigh settlement offers against the risks and potential outcomes of trial.
Why do most personal injury cases settle before trial?
Negotiations may break down if the parties cannot agree on fault, damages, or case value. In some situations, delays or unresolved disputes make trial the only way to move the case forward.
Cases involving complex scenarios are also candidates for a trial. There may be multiple liable parties, each pointing the finger at the other. The cycle of blame can lead to frustrating, unproductive negotiating sessions. The complicated personal injury claim may need a judge’s oversight and control.
Your personal injury attorney will help you decide whether settling or going to court is your best way forward. The strength of your and the other side’s evidence, whether the legal issues involved require a judge or jury to resolve disputed facts or apply the law.
When does a personal injury case go to trial?
A “settlement” is financial compensation paid to the victim by the at-fault party. Settling out of court means both sides of a personal injury claim agree on a settlement amount.
Sometimes, the at-fault party’s insurance representatives reach out to victims with a settlement offer quickly after an accident. Don’t accept any offer until your personal injury lawyer reviews it. Often, these are lowball amounts. These offers may not account for future medical care, lost income, or long-term effects of an injury.
Your attorney will carry out an accident investigation in the earliest stages of a personal injury claim. This investigation will show the extent of the at-fault party’s negligence, produce evidence of that negligence, and allow the attorney to determine the true value of your claim.
What to expect during a personal injury lawsuit
After investigating your accident, your attorney will file your claim with the court. If negotiations do not produce a resolution, the trial process begins. Your attorney can help you understand the discovery process in personal injury claims. During this stage, each side shares its evidence and documentation and takes depositions.
Next comes mediation, where the sides try once again to come to an agreement, this time with the help of a mediator or “go-between.” Your attorney will also have pre-trial conferences with the judge.
Finally, the trial process begins with opening statements from each side. The judge and jury hear testimony from witnesses and relevant experts, and the attorneys present other evidence and arguments. After each side offers closing statements, the jury deliberates and comes to a verdict.
What compensation is available under Georgia personal injury law?
Georgia follows a modified comparative negligence system, often called the 50% rule. An injured person can recover compensation as long as they are found to be less than 50% responsible for the accident. If partial fault is assigned, any compensation is reduced by that percentage.
Because fault directly affects compensation, disagreements can arise over how responsibility is divided. A personal injury attorney can help present evidence, challenge unfair fault assignments, and pursue compensation for medical expenses, lost income, and pain and suffering through settlement negotiations or, if necessary, at trial.
How a Georgia personal injury lawyer helps decide whether to go to trial
Fox Injury Law handles all kinds of personal injury cases. We know what it takes to secure the compensation you deserve. To arrange your free consultation, contact us with a message or a call to (404) 777-7778. Our team has experience handling both negotiated settlements and trial litigation.
