Will I Have To Go To Court For My Personal Injury Lawsuit?
If you’ve filed a personal injury lawsuit in Roseville, it’s normal to be nervous about what happens next and whether you’ll have to show up and testify in court. Many people are hesitant to file these types of claims because they are overwhelmed at this possibility. Understanding when you might be required to go to court and what factors play a role in this determination can help victims feel more comfortable about the process.
Most Personal Injury Lawsuits Settle Out of Court in California
Most personal injury lawsuits settle before they ever reach a courtroom. This means the person who was hurt and the party responsible usually agree about how much compensation will be provided to the victim before a trial is needed. In some cases, these claims are settled before an actual lawsuit is even filed. Here’s why most people prefer to settle rather than go to court for a personal injury claim:
Avoiding the Stress of Trial
Trials can be stressful for everyone involved, including the defendant and their insurance company. Deciding on having to go to court is easier for everyone in most cases.
Saving Money
Court cases can be expensive, especially for the defendant and their insurance company. Additionally, legal fees, court costs, and expert witness expenses add up quickly for the victim. While they will pay these fees out of their verdict if the case is decided at trial, this means the victim would receive less money because of these expenses.
Greater Control Over the Outcome
When you settle, both parties have a definitive say in what the outcome is. While there’s a possibility of receiving more money after trial, there’s also the possibility of receiving nothing and not being compensated at all for your injuries and losses. This is true for the insurance company and the defendant as well. Paying a set amount means they know exactly what to expect, with no surprises.
Usually Faster Than Trial
Personal injury lawsuits can drag on for months or even years if they are not resolved in court. Settling outside of court almost always means things move faster, which often results in getting your compensation sooner. Victims usually prefer this because then they don’t have to pay for their expenses and losses out of their own pocket.
When Going To Court May Be The Best Option
While most personal injury cases end up settling before they go to trial, there are certain situations in which this won’t be possible or just won’t be the best idea. In the following situations, it likely makes sense to go to trial:
Low Settlement Offers Despite Strong Proof
Sometimes the insurance company offers very little money, even when there is plenty of evidence showing wrongdoing and how badly you’re hurt. When the offer won’t cover your losses and they seem unwilling to budge, you may have no choice but to go to trial to try to get what you are owed. Filing a lawsuit may lead them to take you more seriously, and you could end up settling before trial. If not, you can take your case before a judge and jury.
Defendant is Blaming You or Denying Responsibility
Another situation that often leads to court is when defendants insist they did nothing wrong, even when the facts show otherwise. They might also blame you for causing the accident or at least contributing to it, which could lower your settlement offer. If negotiations just aren’t possible because the insurance company and defendant won’t take responsibility, you’ll have to go to trial.
Injuries That Last Years or a Lifetime
Long-lasting or permanent injuries create extra challenges. These claims sometimes involve medical costs well into the future and changes to how you live and work. It isn’t unusual for the responsible party to downplay how much care you’ll need later or refuse to recognize the full impact because of how significant these expenses are. If your attorney can’t get them to negotiate properly in these situations, a trial may be the only way.
Ultimately, you should have a conversation with a legal professional from Roseville who specializes in accidents about accepting a settlement or going to trial, as they can give you their professional opinion based on experience. If you have questions or need help with a claim, contact us today to schedule a free consultation.