Injury Lawsuits: Do You Have to Go to Court?

Smiling lawyer holding file in courtroom

A personal injury lawsuit can manifest in many different ways. Before you file a lawsuit, you must first speak with your personal injury lawyer and decide whether you are willing to settle a claim first. If not, you will eventually have to decide whether or not to take it to a trial.

When Should I Go To Court?

Going to court over a personal injury lawsuit depends on whether you are willing to settle a claim or not. It is a very important decision, and it is one that you should deliberate carefully and potentially with the help of a lawyer. As the plaintiff, going to court is ultimately up to you.

The most important factor to consider in your decision is the nature of the offer you receive from the defendant – the party responsible for your injury – typically through their insurance provider or legal representative. If their offer satisfies what you are seeking from the claim, specifically medical coverage and other damages, you can settle the claim without involving the court.
Otherwise, if you cannot agree on settlement terms, you will likely need to file a lawsuit against the defendant in order to receive the damages you deserve. Filing a lawsuit can be used as leverage in your negotiations or with the intention of going to trial.

Will I Go To Court After Filing A Lawsuit?

In most personal injury claims, as well as the majority of civil cases, there is no going to trial, as the parties involved typically reach a settlement before a court date is necessary. Of course, the reasons for not going to court are different for each case, but there are a lot of common reasons why most personal injury claims are resolved via settlements.

The first is that there is an inherent risk of losing in going to trial. If you reject a settlement, you run the risk of walking away from your trial with nothing. At the same time, you’ll likely incur legal fees that you need to have covered, so a less-than-ideal settlement may still be the best option. No matter who you ask, it is impossible to predict the outcome of a trial.

Also, take a case to trial will typically cost lots of money. Court costs and fees to the attorney will pile up on top of what may already be substantial medical bills. And, if you need money in a hurry, foregoing the lengthy process of a trial may be more appealing.

When Is It Necessary To Go To Trial?

Of course, sometimes there is no way to fairly resolve an injury lawsuit without taking it to court. If your damages are well documented, the liability of the defendant can be clearly proven, and there are relevant jury verdicts in the past that predict an outcome in your favor, yet the defendant still refuses to settle, or settle reasonably, it might be best to go to trial.

An experienced injury lawsuit attorney will help. If you are seeking damages for an injury you’ve incurred near Chicago or Tampa, contact the Disparti Law Group today.

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