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If you’ve suffered an injury due to someone else’s negligence, you might be wondering whether all personal injury claims in court become a drawn-out trial. Many people imagine personal injury in court proceedings as a dramatic, lengthy battle between parties. However, the reality can be quite different.
As one call, that’s all lawyers who have guided countless clients through their injury claims, our personal injury lawyers at Craig Swapp & Associates are here to help you understand the personal injury claims process from start to finish, even if it needs to go to court.
It’s natural to be concerned about the prospect of going to trial, especially if you’ve never set foot in a courtroom.
The Bureau of Justice Statistics reports that only about 3 to 4 percent of personal injury cases actually make it to trial. This figure indicates that most personal injuries in court proceedings never materialize because they’re resolved well before a judge or jury becomes involved.
Given these statistics, the chances that you’ll need to go to court are relatively low. But if you find yourself in that minority of cases, it’s essential to know how often do personal injury cases go to court, and why these injury claims sometimes escalate to trial.
After knowing the number of personal injury claims going to court, it’s important to understand how these cases usually progress.
The process often involves:
By understanding these phases, you’ll get a clearer picture of whether your case is likely to proceed to trial or settle beforehand.
While many people picture a dramatic courtroom showdown, the reality is that most disputes are resolved before they reach trial. Below are several reasons that explain why an out-of-court settlement can be more beneficial for everyone involved.
Litigation can be expensive and time-consuming. Both plaintiffs and defendants typically prefer to negotiate a settlement rather than expend time, money, and emotional energy in court. By settling, you can usually receive compensation faster and focus on your recovery.
When you go to court, there’s no guarantee you’ll win – or what size of verdict you might be awarded. Out-of-court settlements offer more certainty and control. Both parties can negotiate a deal that reasonably reflects the damages and liability involved.
Settlements often include confidentiality clauses, ensuring that the details remain private. Trial proceedings, on the other hand, become part of the public record. Companies, insurance adjusters, and individuals may prefer to avoid public scrutiny.
In some cases, the parties involved have an existing business or personal relationship. Resolving a personal injury claim outside of personal injury in court proceedings can help maintain a more amicable relationship moving forward.
Because of these reasons, it’s easy to see why settling often makes the most sense for both side
Despite the high likelihood of settling, certain factors can make personal injury claims in court unavoidable:
If the at-fault party’s insurance company refuses to accept responsibility for the accident, you may need to go to court to prove who is truly liable.
Sometimes, settlement negotiations stall because the insurance company isn’t offering an amount that fully covers your damages, medical bills, lost wages, and pain and suffering.
Cases involving multiple parties or especially complex legal or medical issues may require more formal court proceedings to resolve disputes and assess damages properly.
In rare scenarios, a personal injury case could set an important legal precedent, prompting one or both parties to decide that it’s important to let a judge or jury decide.
If you find yourself in one of these categories, it’s critical to work with personal injury lawyers who understand how to present your case effectively.
While the vast majority of personal injury claims don’t go to trial, it’s still beneficial to know what the process involves if you do end up in court:
Your personal injury lawyer will file a complaint, outlining the basis for your claim and the damages you’re seeking. The defendant then has a set time to respond.
Both parties exchange evidence and documentation relevant to the case. This stage can be lengthy, involving witness depositions, medical reports, and additional fact-finding.
Your injury lawyer or the defendant’s attorney may file motions to eliminate certain evidence, settle legal questions, or even dismiss the case. These pre-trial hearings help narrow the issues that will be addressed at trial.
If negotiations break down entirely, the case proceeds to trial. Evidence is presented to either a judge or jury. They’ll determine liability and the amount of damages owed – if any.
The judge or jury issues a final verdict. If one party believes there was a mistake in the legal process, they may file an appeal, leading to further legal proceedings.
Although this can be daunting, a skilled personal injury lawyer will prepare and guide you every step of the way. This support can make the difference between a stressful experience and a more manageable one.
If you’ve been injured and suspect negligence played a role, it’s usually in your best interest to consult personal injury lawyers right away.
An experienced attorney can:
Acting quickly is especially important, given that each state – including Utah, Idaho, Washington, Montana, Oregon, Wyoming, Colorado, and Arizona – has different statutes of limitations. Missing your window to file a lawsuit can prevent you from recovering the compensation you deserve.
At Craig Swapp & Associates, we provide the knowledge, experience, and personalized attention that injury victims need to navigate the legal process with confidence. Whether you end up settling or need to file a lawsuit, guidance from an experienced personal injury lawyer will ensure your claim is handled professionally and effectively.
Call us at 800-404-9000 or contact us online to schedule your free consultation.