The vast majority of personal injury cases are handled through settlement rather than going to trial. However, in order to seek the full worth of a case, it is sometimes essential to go to trial. Learn more about the reasons why some claims may be taken to trial and why others may not be taken to trial.
WHY THE MOST CASES ARE RESOLVED
When a matter is settled, both parties reach an arrangement that they believe is in their best interests. A jury will decide which party should be awarded the victory if the case proceeds to trial.
A significant factor in the settlement of most personal injury lawsuits is the recognition by both parties of the possibility of losing if the matter goes to trial. Depending on the outcome of the trial, the defendant may be required to pay a higher sum of compensation than what the two parties may have agreed upon during the discussions.
ADVANTAGES OF COMMUNICATING WITH ONE ANOTHER
There are some advantages to settling a personal injury claim without going to court. These include:
Depending on the severity of the injury, it could take a year or more for a trial to be initiated. By resolving your case at the time that your attorney recommends that you settle, you will obtain reasonable compensation as well as the opportunity to return to your previous way of life as soon as possible.
No one can foresee how much a jury will award in a case. A trial may result in a victim receiving nothing at all in some cases.
A number of defendants may be motivated to keep their identities hidden from the public eye. Even if they do not go to trial, the victim’s claim as well as the amount of money that she got will be available for public inspection if the jury finds in her favor and awards her damages.
WHAT HAPPENS IN THE EVENT THAT A SETTLEMENT CANNOT BE ACHIEVED?
A settlement cannot be reached, and your attorney may urge you to proceed to trial if this is the case.
The transfer to the courtroom will not take place right now. A trial date will be determined, which will most likely be some months down the road. A settlement offer may be made by a defendant while the trial date is approaching, allowing the plaintiff to avoid going to trial.
WHAT TO EXPECT DURING YOUR TRIAL
There are numerous steps involved in a trial. Following the selection of the jury, both parties will deliver their opening statements.
Both your personal injury lawyer Peabody MA and the attorney of the defendant will then present their respective evidence. Witnesses will be called to the stand to testify. It is possible that you will be called to testify by your own attorney.
After both parties have presented their respective cases, both attorneys will deliver closing arguments on their respective sides. The jury will then be excused from the room to begin deliberations, which may take anything from a few hours to several months.
It is possible that a verdict will be rendered in your favor or in the favor of the opposing side, or that a mistrial will be proclaimed.