Laborde Earles Injury Lawyers FAQ |

Will My Personal Injury Case Go to Trial?

Your personal injury case will go to trial if both sides cannot come to a settlement agreement. Most personal injury cases are settled out of court, but a small percentage must go to trial to get resolved.

Let’s explore the factors that determine whether your case may go to trial and how that can affect the outcome of your personal injury claim with the help of our personal injury lawyers in Lafayette.

Factors That Influence Whether Your Personal Injury Case Goes to Trial

Several factors can impact whether your personal injury case goes to trial, including:

  • Liability Disputes: If the defendant disputes liability or argues that you were partially at fault for the accident, the case may be more likely to go to trial.
  • Severity of Injuries: Cases involving severe injuries or permanent disabilities are more likely to go to trial, as the stakes and potential damages are higher.
  • Insurance Company’s Willingness to Settle: If the insurance company refuses to offer a fair settlement or denies your claim outright, your attorney may recommend trialing the case.
  • Complexity of the Case: Complex cases involving multiple parties, extensive evidence, or unique legal issues are more likely to go to trial.

The Benefits of Settling Out of Court

There’s no question that going to trial can result in a larger payout, yet most cases settle out of court. There are several benefits to settling your personal injury case out of court:

  • Faster Resolution: Trials can take months or even years to conclude, while settlements can often be reached much more quickly. This means you get compensation faster
  • Reduced Stress: The trial process can be emotionally and physically draining. Settling out of court can help reduce the stress and uncertainty associated with a trial.
  • Guaranteed Outcome: When you settle your case, you have a guaranteed outcome and know exactly how much compensation you will receive. If your case goes to trial, the outcome is in the hands of the jury. You could lose and get nothing.
  • Privacy: Trials are public proceedings, and the details of your case will become a matter of public record. Settling out of court allows you to maintain privacy and keep the details of your case confidential.

The Benefits of Going to Trial

However, there are also benefits to taking your personal injury case to trial through our firm:

  • Potential for Higher Compensation: If your case is strong and the jury is sympathetic, you may be awarded significantly higher compensation than the insurance company offered during settlement negotiations.
  • Holding the Defendant Accountable: Taking your case to trial allows you to hold the defendant publicly accountable for their actions. This can give you and your family a sense of justice and closure.
  • Setting a Precedent: If your case involves a unique legal issue or a particularly egregious act of negligence, a trial verdict could set a precedent that benefits future plaintiffs in similar situations.
  • Sending a Message: A trial verdict against the defendant can send a powerful message to others who may engage in similar negligent behavior, potentially preventing future accidents and injuries.

The Role of Your Personal Injury Attorney

Your personal injury attorney can advise whether your case should go to trial. In most cases, it’s better to work for a larger settlement with their help than take your case to trial because of the risk of complete loss. Nevertheless, there are times when going to trial is the right decision.

Your attorney will perform tasks like these to decide what’s best in your situation:

  • Investigating Your Case: Your attorney will thoroughly investigate your case, gather evidence, and consult with experts to build a strong claim on your behalf.
  • Negotiating with Insurance Companies: Your attorney will handle all communications with the insurance company and work to negotiate a fair settlement.
  • Advising You on Settlement Offers: If the insurance company makes a settlement offer, your attorney will advise you on whether it is fair and reasonable, given the specifics of your case.
  • Preparing for Trial: If your case goes to trial, your attorney will handle all aspects of the trial preparation, including filing motions, deposing witnesses, and crafting compelling arguments on your behalf.
  • Advocating for You in Court: During the trial, your attorney will present evidence, cross-examine witnesses, and argue your case before the judge and jury.

Contact Laborde Earles Injury Lawyers Today

Now that you know the factors that affect whether your personal injury case will go to trial, it’s time to reach out to our lawyers to discuss your situation. At Laborde Earles Injury Lawyers, our attorneys have over 250 combined years of experience and a proven track record of success in trials.

If you’ve been injured due to someone else’s negligence, don’t hesitate to contact Laborde Earles Injury Lawyers for a free consultation. Our experienced personal injury attorneys will evaluate your case, advise you on your legal options, and fight tirelessly to help you get the compensation you deserve.


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