Most personal injury cases will never require litigation or ripen to the point of being resolved through a courtroom trial. More often than not, cases end through settlement. However, sometimes trial is necessary.
What Happens at Trial in a Personal Injury Case?
The typical personal injury trial is structured around proving through a preponderance of the evidence that the defendant is liable for injuries or harms sustained to the plaintiff and compensable through damages. [1] The trial itself consists of typical phases including jury selection, opening statements, witness testimony, cross examination, closing arguments, and jury instruction, deliberation, and verdict. [2] Resolution or settlement can happen before trial if the plaintiff agrees that in exchange for payment no legal action will proceed. [3]
Benefits of Trail: Factors to Consider
Deciding whether or not it is beneficial to continue a personal injury claim into trial, requires consideration of several pertinent factors. The first step is to consider the strength of the case which can include jury verdicts and settlement outcomes reached in similar cases, the chances of winning based on evidence and documentation, and the strength and weaknesses in the opponent’s evidence. [4] Second, it is essential to consider the monetary value and potential damages in comparison to settlement offers made by the defendant or insurance company. This includes the range of potential damages received at trial, the minimum amount of money you are willing to accept, policy limits on insurance companies, attorney fees, and the defendant’s monetary resources. [5] Then there is always a range of miscellaneous questions such as the need to avoid unfavorable publicity, how settlement offers affect federal and state income taxes, consideration of non-monetary remedies, and the amount of personal information and evidence that will be revealed through trial’s discovery phase. [6] In consideration of these factors, it can be beneficial to take a claim to trial if there are liability or causation issues which often cannot be settled upon, your evidence and case in general is strong, damages sought are substantial, or the offered settlement is simply to low or unreasonable due to the level of losses sustained from medical bills, lost wages, or other damages.
Contact an Experienced St. Louis Personal Injury Attorney for a Free Consultation
If you have suffered a personal injury it is important to discuss the circumstances of your injury with an experienced personal injury attorney who can help to protect your legal rights and interests. To contact a personal injury attorney for a free consultation please feel free to call the The Bruning Law Firm trial attorneys at 314-735-8100.
Resources:
- http://injury.findlaw.com/accident-injury-law/what-happens-at-trial.html
- http://injury.findlaw.com/accident-injury-law/resolution-before-trial-settlement.html
