Will my case likely go to trial? This is a question that we are frequently
asked by our clients and this is something that everyone wonders before
filing a lawsuit.
When it comes to
personal injury claims, the vast majority (approximately 95%) of cases do settle before
trial. The reason for this is that before trial, both sides have already
usually completed their own investigation and have been able to come up
with a value of the case. In general, personal injury attorneys evaluate
cases in a similar fashion and arrive at settlement figures that are in
the same ballpark. When this happens and the valuations from both sides
of the case are close, there is no reason to take the case to trial.
While a plaintiff can reasonably expect that both attorneys will come to
a similar value for the cases, there is no guarantee that a jury will
come to the same approximate dollar amount. A group of jurors who don't
work in the field of personal injury law create a huge element of uncertainty
in a case.
There is no way for the attorneys to know ahead of time what evidence a
jury will find relevant and what evidence a jury will find unimportant,
and a jury has every right to decide what evidence matters in a case.
Since neither side wants to be surprised in a jury trial by an unfavorable
verdict, the pressure is on the plaintiff's and the defendant's
attorneys to reach a settlement instead of going to trial.
When Trial is a Possibility
Given the fact that trials are rare, when do they become a possibility?
Essentially, when the attorneys' respective valuations of a case are
very different, than a case will go to trial. For example, if the settlement
offer is $100,000 and your attorney thinks that your case is worth a million,
there is an excellent chance that your case will go to trial. In such
a case, it is worth it for both sides to take the chance of a jury trial.
While this type of situation doesn't occur often, especially when a
judge is pressuring both sides to reach an agreement and settle, it can
and does happen on occasion. The purpose of a jury is to come up with
a fair decision when the two parties cannot reach an agreement on their own.
Were you injured in an accident? If so, contact a Charleston personal injury
attorney from Preston & Salango, PLLC. With over 40 years of collective
experience and some of the most sought after accolades in the field of
personal injury, you can be confident that your claim will be in very
Contact our office today to schedule a
free case evaluation. Call us toll free at (304) 902-4266 !