Pedestrian struck by commercial vehicle resulting in wrongful death.
When you’re injured due to someone else’s negligence, you probably hope to resolve your claim quickly. But sometimes, personal injury cases end up in court. If you’re wondering, “Why is my personal injury case going to trial,” read on to find out the reasons behind it, what you can expect, and how Jurewitz Law Group Injury & Accident Lawyers can help you through the process.
The vast majority of personal injury cases settle out of court. However, a small percentage proceeded to the trial. If you’re asking yourself, “Why is my personal injury case going to trial?” there are a few common reasons. Disputes over liability, disagreements on the claim’s value, or reluctance from the at-fault party or their insurance company to offer a fair settlement are frequent factors. Here’s a closer look at why this might happen:
A trial may become necessary if the other party denies responsibility for the accident or claims you were partially at fault. Florida’s modified comparative negligence laws allow injured parties to recover compensation even if they share some fault. However, they can’t recover damages if they bear more than 50 percent at fault. Disputes over fault percentages can lead to courtroom battles.
Insurance companies often prioritize their bottom line over your well-being. If they refuse to offer a fair settlement that covers your medical expenses, lost income, and pain and suffering, your Tampa personal injury attorney may recommend taking the case to trial.
Cases involving severe injuries or long-term disabilities often involve higher stakes. Insurance companies are more likely to push back on significant payouts, requiring you to prove the full extent of your damages in court.
Disagreements over evidence, witness credibility, or procedural issues might require a judge or jury to resolve the matter.
Less than 5 percent of personal injury cases are estimated to go to trial. Most are resolved through negotiation or alternative dispute resolution methods like mediation or arbitration. However, when cases go to trial, it’s often because one or both parties feel they have strong evidence to support their position.
When deciding whether to proceed to trial, it’s essential to understand the potential benefits and risks:
Going to trial in a personal injury case may seem daunting, but it offers unique advantages that could make it worthwhile, such as:
While a trial can lead to greater compensation, it also comes with potential challenges that every plaintiff should carefully consider, such as:
The settlement remains the preferred outcome for most personal injury cases. Both sides usually save time, money, and stress by avoiding a trial. Insurance companies, in particular, want to avoid the uncertainty of jury decisions and the possibility of paying a higher verdict.
According to the above statistics, more than 95 percent of personal injury cases are resolved before trial. That said, every case is unique. If your case is one of the few heading to court, you’ll need a skilled attorney to prepare and advocate on your behalf.
Knowing what to expect can help you feel more prepared if your case goes to trial. Here’s a general overview of the process:
At Jurewitz Law Group Injury & Accident Lawyers, we commit to fighting for maximum client compensation. If your case requires going to trial, you can trust our team to be fully prepared. Here’s how we handle the process:
It’s natural to feel nervous about the idea of going to court. However, with the right legal team on your side, you can approach the process with confidence. Trials can be challenging, but they also allow you to present your story, hold negligent parties accountable, and secure the compensation you deserve.
If you’re wondering, “Why is my personal injury case going to trial,” the answer often lies in the specifics of your case. At Jurewitz Law Group Injury & Accident Lawyers, we understand your challenges and are ready to help you through every step of the legal process.
Our Tampa personal injury attorney will fight for justice on your behalf, whether securing a fair settlement or taking your case to court. We proudly serve clients in Florida, San Diego, Mission Valley, and Carlsbad, CA. Contact us today at (619) 233-5020 for a free consultation. Let’s work together to get the outcome you deserve.
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