Will My Personal Injury Case Go To Trial?

Most personal injury cases do not go to trial. Every case is unique, and we will discuss your case with you in detail. Part of that discussion will include whether we believe it will go to trial. If you were recently injured and your case or claim has just started, it may be too early to know whether your case will go to trial. To make things worse, due to Covid-19, the Mecklenburg County court system is overloaded with cases.

Do not Lose Sleep Worrying About The Trial

If you are like us, you are obsessed with your case. Because of that, it is tempting to lay in bed imagining being cross-examined by the other lawyer. You may wonder whether the jury will believe your version of the facts about a car accident. Lastly, you may wonder whether the other driver will lie on the stand. The reason it is not worth worrying about these things is that most cases even if they are filed as lawsuits, do not get in front of a jury. Keep in mind, this is good news.

Trials Are Risky

No matter how strong you think your case is, anything can happen at a trial. We only represent plaintiffs, and the plaintiff has the burden of proof in a personal injury trial. All it takes is one jury member to decide they do not like your case, or that you somehow contributed to the accident, and the entire trial can be in jeopardy. The same is true of the defense, however. There’s tremendous risk for both sides—this is the primary reason most cases settle before going to trial. Both sides recognize it would be better to reach an agreement than to put all the power in the hands of a third party (The jury).

Settlements Can Be Fair

Our clients often find that a well negotiated settlement offer ends up being fair for them. The choice to accept a settlement offer is always the client’s choice, but we will help you weigh out the pros and cons of accepting a settlement offer or filing a lawsuit against the other party. The settlement process is lengthy and both sides work hard to prove their case, while arguing over the value of the case and the legal merits. If a fair offer is on the table, it is worth considering accepting the offer.

New Information Comes To Light

Another reason many claims or cases settle is that new information is discovered by one or both parties. It could be that both drivers claim they had a green light. This argument may go on for several months, with both sides unable to reach an agreement due to the dispute. However, a witness may surface who is willing to sign an affidavit that our client had the green light. As soon as this new evidence surfaces, the other side will often reverse their denial of the claim and offer a fair settlement amount. The same is true if video evidence is reviewed by either side. Evidence, as it comes in, usually strengthens the case for one side and leads to a different outcome.

We May Discover We Have A Bad Case

The truth is, sometimes we discover we have a bad case. Our firm is in the business of taking risks for our clients, but there are times where evidence surfaces which indisputably establishes that the other side was not at fault. In that unlikely scenario, usually both our firm and the client agree together that we will not win a lawsuit. In that event, getting a settlement would be a great outcome; however, the other side usually has access to the same information, which may lead to a denial of the claim.

Speak With A Personal Injury Lawyer Today

If you have questions about your personal injury case, call us. We can be reached at 704.749.7747 and we are happy to discuss the merits of your case, and whether it may go to trial. You can also click HERE to request a consultation. We know you have choices. We hope you choose Layton Law.