Will My Personal Injury Case Go to Trial?

Answer:

If both parties cannot agree on a fair settlement, the case will proceed to trial. Personal injury arises when one person’s negligence causes harm to another. The negligent party is responsible for compensating the injured party.

If you’ve suffered an injury due to someone else’s actions, contact Chute, O’Malley, Knobloch, and Turcy, LLC at (312) 775-0042 for help in seeking compensation.

Understanding the Likelihood of Your Personal Injury Case Going to Trial

According to the Bureau of Justice Statistics, fewer than 5% of tort claims, including personal injury cases, go to trial, making court proceedings relatively rare. In Illinois, most personal injury cases are settled rather than resolved in court. Settlements allow victims to obtain compensation for damages like medical expenses and lost wages without the stress of a trial, while also helping defendants manage costs and settle liability quickly. However, some case types do have higher trial rates. Factors influencing your injury case going to trial include:

The Severity of Your Injuries

The more serious your injuries, the greater the risks you face. With more at stake, insurance companies often take a tougher stance, leading to court battles. Severe injuries mean higher medical costs and longer recovery times, increasing the value of your claim. It’s essential for you to secure the highest compensation, even if it results in more resistance from the opposing party.

The Complexity of Liability

Illinois operates under a fault-based system for personal injury claims, meaning you need to demonstrate liability to successfully pursue a claim. The complexity of proving liability can influence the chances of going to trial. In cases where the liability is complicated, such as involving several parties at fault or ambiguous circumstances of the injury, settling a personal injury claim can become more difficult.

The Strength of Your Claim

Ultimately, the strength of your claim plays a role. A well-founded claim, supported by strong evidence and clear liability, can deter the defense. When they realize their chances of winning in court are low, defendants are more inclined to settle to avoid the costs associated with a trial. On the other hand, if your claim is weaker or lacks compelling evidence, the defense may choose to risk going to court. Insurance companies typically aim to minimize their payouts, so if they perceive your claim as weak, they are more likely to seek litigation.

What Happens If Your Case Does Go to Trial?

While most cases tend to settle, if you wish to seek compensation, you may need to initiate a personal injury lawsuit. The personal injury trial process consists of several stages:

• Complaint: The process begins with pleadings. You will file a complaint outlining your claim, the losses you have suffered, and identifying the party at fault. The defendant will respond by filing an answer.
• Discovery: During the discovery phase, both sides exchange evidence and interview witnesses to build their cases. This phase allows attorneys to assess the claims made by the opposing party. A strong case could lead to a settlement rather than a trial.
• Trial: Most personal injury cases are settled before reaching trial. If the case proceeds to trial, both sides will present their evidence, which may include witness testimonies, medical records, and other pertinent documentation. The jury will consider this evidence and decide whether the defendant is responsible for your injuries, deliberating based on Illinois injury law before delivering their verdict. If the jury rules in your favor, they will also determine the amount of damages owed by the defendant.

How a Personal Injury Lawyer Can Help You Decide Whether to Settle or Go to Trial

Your personal injury attorney plays a vital role in guiding you through the decision-making process of whether to settle your claim or pursue a trial.

Case Evaluation

Your attorney will conduct a comprehensive investigation of your case, collecting evidence and analyzing the strengths and weaknesses of your claim. This information will help them advise you on the most suitable path forward.

Reviewing Settlement Offers

If the insurance company presents a settlement offer, your attorney will assess it with you and provide guidance on its fairness and reasonableness.

Trial Preparation

Should pursuing a trial be the best option for you, your attorney will oversee every aspect of the litigation process, from filing the lawsuit to presenting your case in front of a judge and jury.in court.

A personal injury lawyer can clarify your options and enhance your likelihood of maximizing your compensation. Contact us at Chute, O’Malley, Knobloch, and Turcy, LLC to ensure you receive fair compensation.