Will You Have To Take Your Injury Case To Trial?

The idea of retaining personal injury attorney services often makes people worried that they'll have to take a case all the way to trial. No personal injury attorney can assure that it won't come to that, but the odds are high that you won't end up going to court. About 95% of cases don't go to trial. Let's look at what's likely to happen.

Filing a Claim

Even if a client insists on taking a defendant to trial, the courts expect a good faith effort from both parties to try to resolve the matter. That means the first thing you should do once you've determined you have the right to compensation is to notify the potential defendant of your intentions to file a claim. If there are certain forms of evidence you might need them to retain, such as surveillance camera footage from a store in a slip-and-fall case, they should be informed of the need to secure and preserve those items.

This stops the clock on any requirements for filing deadlines, which are usually two to three years after incidents have occurred. Your personal injury attorney will usually include an outline of the ways you were harmed, and they will include a demand for a specific amount of compensation.

Assessing the Claim

Most claims will be processed by insurance companies, although some individuals and businesses may be self-insuring. When an insurance carrier reviews a claim, they appoint an adjuster. This is a professional whose job breaks into two key components. First, they will assess if the claim is valid. Second, if there is a valid claim, they will make a settlement offer.

Your personal injury attorney has a legal duty to inform you of all offers. They will then tell you whether, in their opinion, they think you should take it. If a claim is rejected, you won't have much in the way of options except to sue.


Presuming you don't take the offer and haven't proceeded to sue, a negotiation will take place. Your lawyer will make a counteroffer, and the insurance carrier might counter. If the back-and-forth eventually gets you to a settlement, then arrangements will be made to pay. Depending upon the size of the settlement, it might be offered as a lump sum or as a series of payments.


If all else fails, you can take the insurance company to court. Discovery will ensure, forcing the other side to disclose any evidence they have. Negotiations are still possible at this point, but eventually, there will be a court hearing if the matter isn't resolved.

To learn more, contact a personal injury attorney.

About Me

Know the Law

When most people think of hiring an attorney, they picture gloom-and-doom situations like crime and divorce. But in fact, there are so-called happy times when you would need to hire a lawyer. Perhaps it is time to draft your will and make sure all of your possessions get handed down to the right people after you pass away. Or maybe it is time to establish a trust and protect some of your estate. General attorneys offer a wide range of services, including those for good times and those for bad times. You can learn more about these professionals and their profession right here.



Latest Posts

2 February 2024
Divorce can be a turbulent process, rife with emotion and uncertainty. The presence of a qualified divorce attorney often proves to be a turning point

27 November 2023
Sometimes, life can throw unexpected challenges in your way. A sudden accident, injury, or loss not only affects you physically and emotionally but ca

27 November 2023
Dealing with a loved one's passing is never an easy feat. Not only do you have to come to terms with your loss, but you might also be faced with chall