Is it Worth it to Go to Trial for My Personal Injury Case?

Should I Go to Trial for My Personal Injury Case?

Whether or not you should go to trial for your personal injury case depends on a variety of information. You should consider all of the details regarding your case before making a decision.

First, you must consider the evidence you have against the defendant. If you have plenty of physical and clear evidence proving your claim, you have a good chance of succeeding at trial and being awarded compensation. As the plaintiff, you have the burden of proving the other party’s negligence or liability. If you and your attorney are not sure that you can prove this in court it may be wise to accept a settlement.

Consider the costs as well. Going to trial means that you will have to pay your attorney for many more months or even over a year. There is much more paperwork and work in general to do when preparing for trial, not to mention the cost of scheduling a court date. Litigation is a lengthy and time-consuming process so be prepared for the extra time and money you will have to put into the situation.

Pros and Cons of Going to Trial

After determining whether or not you can afford to go to trial and if you are confident in your attorney’s ability to utilize the evidence you have, consider the following pros and cons of going to trial.

Pros:

• Juries generally award higher amounts of compensation than if you settle with the insurance company.
• You may be entitled to punitive damages which can significantly increase the amount of money you receive to cover your costs.
• You can hold the negligent party accountable in a public setting and feel a sense of justice. Because the case will be public knowledge it can also get your story out there and ensure that the same thing does not happen again.
• If your condition worsens or unforeseen issues related to your injury arise later on you can pursue further legal action and seek additional compensation. When you settle outside of court you waive your right to further legal action but a jury verdict is left open.

Cons:

• It can be time-consuming to go to trial. You may not see a result or compensation for several months or even years which can cause an issue if you need to pay medical bills and other expenses sooner.
• As established, going to trial can cost a lot of money. Settling outside of court is done quicker and therefore generally costs less in legal expenses.
• You lose control over the outcome. When you settle you know the amount of compensation you are agreeing to before you sign, but at trial, the jury has total control over the amount of damages you walk away with.

Speak with an experienced attorney when determining which legal route you should take.