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Hiring a personal injury lawyer may seem intimidating. One of the reasons could be the worry about going to court. But, on average only about 2% of personal injury cases go to trial. There are many reasons why most personal injury claims settle before handling the situation in court. The fact that insurance companies are involved in the majority of the cases goes a long way in explaining the high rate of settlements. Insurers have the money to pay out claims and are less likely to take the risk of having no control over costs when they have to go to trial, deal with a jury, and pay legal fees.
Additionally, there are scenarios in which settling can benefit both the defendant and the plaintiff. (1) Control Risks. If the defendant knows that they were wrong and at fault, they may not want to risk the case being tried in front of the jury. This could award substantial settlement for pain and suffering or punitive damages. A settlement gives the person more control over how much money is being offered. (2) Quick Settlement. A trial can go on for several months or even years. If the victim is suffering from loss wages and medical expenses, waiting that long to receive financial relief may not be a practical option. (3) Guaranteed Solution. When a case goes to court, there is no guarantee that a plaintiff will win the case. To avoid risking a case and receiving nothing in terms of compensation, settling can seem to be a safer option.
After the jury selection process, the attorney would begin by making their opening statements. The opening statement explains how the defendant was responsible for the accident which caused the plaintiff’s pain and suffering, loss wages, and possibly permanent injuries. After the attorney’s opening statement, a testimony from medical experts inspect the material facts of the case, such as medical records. During this process, the defendant may try to disprove the facts of the case. In this case, the plaintiff’s attorney could call an accident expert to the stand, to testify as to why the present accident resulted to the current damages. Next, there will be closing statements from the attorneys of both parties. Once all is said and done, the jury would be instructed to review the facts of the case and come to a conclusion. After the jury deliberates, a verdict would be read.
Even if your case goes to trial, we will be prepared. A trial preparation starts as soon as both the attorney and the client sign the contract of the lawyer. An experience personal injury attorney would begin gathering as much evidence as possible and forming a successful case. The goal is to ensure that the victim has the best chances at securing compensation either through settlement or through a jury verdict. No matter the circumstances, let us stand up for your rights. If you would like to see how we handle these cases, click here to view more. You can also contact us at (888) 607-8690 for a free consultation!