In the ideal situation, you file a claim for your injury against the at-fault party’s insurance policy and receive payment in full. In reality, insurance companies are for-profit organizations that want to minimize the risk of paying you anything they do not have to pay you for. As a result, there are often negotiations, and in some cases, decisions cannot be made without going to trial. Talk to a San Diego personal injury attorney from Kashou Law, APC, today.
How Likely Is It That Your Case Will Go to Trial?
Most personal injury cases do not go to trial. Most are settled out of court and, in some cases, prior to a lawsuit being filed. It is actually rather rare for most personal injury cases not to be settled out of court.
That said, it is possible for any personal injury case to go to trial. That is because all of these cases are settled based on their individual merits. The best way to find out what you can expect in your case is to speak to your attorney about the details that could cause you to end up in trial.
Key Factors That Make It More Likely for a Case to Go to Trial in California
There is no way to guarantee that your case will go to trial or that it will not. Your personal injury attorney in California will have enough experience to offer insight into this. There are some factors that may lead you down the path of going to trial, including the following:
- Factual disputes: If there are specific facts disputed among those who are involved in the case, that could lead to decisions that must be made by the court. For example, if there is no clear evidence that says who had the right of way, a court may need to decide if it determines fault.
- Severe injuries and losses: In cases of catastrophic injuries, such as those that result in permanent damage, paralysis, or complications to life, there is more likelihood of dispute about the compensation owed and the responsibilities of all parties.
- Ongoing suffering: If your injury may lead to future losses, such as an inability to go back to work or you are not likely to recover from the emotional impact, that could lead to disputes resolved in a court of law.
Should You Go to Trial for Your Personal Injury Case?
With the help of your personal injury attorney, it is possible to determine the benefits of going to trial or accepting a lower value for your losses. It is critical that you have an attorney by your side who is capable and experienced in going to trial. You want to be sure they are willing to do so as well. Then, determine factors such as the cost and timeline for going to trial as well as what potential benefits it may offer to you.
When you set up a free consultation with an attorney, you can learn more about the need to go to trial and what that could indicate for your future.