The goal of a personal injury lawyer is to make sure that you receive fair compensation for medical treatment, lost wages, pain and suffering, and other damages. They handle everything from gathering evidence and negotiating with insurance companies to filing lawsuits and, if necessary, representing you in court.
Personal injury lawyers go to court, but not always. The vast majority of personal injury cases, about 95% are settled out of court. Furthermore, lawyers work hard to negotiate fair settlements, avoiding the time, cost, and uncertainty of a trial. However, if an insurance company refuses to offer reasonable compensation, or if there is a dispute over who was at fault, a personal injury lawyer will take the case to court to fight for your rights.
At Hillguard Injury Lawyers, our experienced personal injury attorneys don’t just settle cases, we fight for the compensation you truly deserve. With a deep understanding of personal injury law, a track record of success, and a commitment to our clients, we make sure that every case is handled with expertise and dedication. Whether your case settles quickly or requires aggressive litigation, we’re prepared to go the distance for you. Contact us today for a free consultation.
This post will cover the role of a personal injury lawyer, when they take cases to court, what happens when a personal injury case goes to trial, and how to choose the best lawyer if you have to go to court.
What Does a Personal Injury Lawyer Do?
A personal injury lawyer’s primary role is to advocate for individuals who have been injured due to someone else’s negligence. Their job goes far beyond just arguing in court, they handle everything from investigating the accident to negotiating with insurance companies to make sure their client receives fair compensation.
The process begins with an in-depth investigation. A personal injury lawyer gathers critical evidence, including police reports, medical records, and witness statements. They may also work with experts such as accident reconstruction specialists or medical professionals to strengthen the case.
One of their key responsibilities is negotiating with insurance companies. Insurers often try to minimize payouts, but a skilled lawyer knows how to push back against lowball offers. If a fair settlement can’t be reached, the lawyer then changes course to prepare for trial, filing legal documents, arguing motions, and presenting the case before a judge or jury.
Simply put, personal injury lawyers are both negotiators and litigators. While they strive to resolve cases efficiently through settlements, they won’t hesitate to take a case to court when necessary.
Why Most Cases Don’t Go to Court
Most personal injury claims never make it to trial because settlements are often the faster, less expensive, and less risky option for both sides.
Settling a case typically leads to a quicker resolution. Trials can take months or even years, while a settlement allows the injured party to receive compensation sooner. Additionally, litigation can be expensive, with legal fees, court costs, and expert witness expenses piling up over time.
Insurance companies also play a huge role in settlements. They prefer to resolve cases outside of court to avoid the unpredictability of a jury verdict. If a case goes to trial, the insurer risks paying a significantly higher amount if the jury sides with the plaintiff. By negotiating a settlement, they control the financial outcome.
While settlements offer many benefits, they aren’t always the best choice, especially if the insurance company refuses to offer fair compensation. That’s when a personal injury lawyer may recommend taking the case to court.
When Do Personal Injury Lawyers Take Cases to Court?
So, when do personal injury lawyers go to court? Not every case can be settled fairly. There are several situations where going to trial is the best or only option. One of these situations is when the insurance company disputes liability. If the defendant or their insurer refuses to accept responsibility for the accident, a trial may be necessary to prove fault.
Another situation is when the settlement offer is too low. If the amount offered doesn’t cover medical bills, lost wages, or long-term suffering, litigation might be the only way to secure fair compensation. Cases involving severe injuries or wrongful deaths are often taken to trial. When damages are substantial, insurance companies fight harder to minimize payouts, and in these cases, a trial might be the best route. personal injury settlement
Another situation where many personal injury lawyers go to court is when insurance companies act in bad faith. If an insurer unjustly delays, denies or underpays a claim, a lawsuit may force them to act in good faith. Furthermore, when the defendant refuses to negotiate or is unwilling to settle, a personal injury trial may be the only path forward.
Pros and Cons of Going to Court vs. Settling
One major benefit of going to trial is the potential for higher compensation after an injury. If the jury rules in your favor, they may award you a larger settlement than what was initially offered in a settlement. This is especially true in cases of severe injury, where the financial costs can be substantial. Additionally, court trials allow you to hold the responsible party accountable, which is important in cases involving gross negligence or wrongful death.
On the flip side, going to court has its downsides. The process is long, it could take months or even years before you see a resolution. It also carries higher legal costs, including court fees, expert witness fees, and attorney costs. Finally, there’s no guaranteed outcome; a judge or jury might not rule in your favor, leaving you with little to no compensation.
What Happens When a Personal Injury Case Goes to Trial?
If settlement negotiations fail, the case moves into the litigation process. Here’s what happens during that process step by step:
Filing a Personal Injury Lawsuit
First, your lawyer will file a personal injury lawsuit or petition with the court, outlining the claim and the damages you’re seeking. After this, the defendant is formally served with the lawsuit and given the opportunity to respond with an answer. This is where the defendant can admit or deny liability.
Discovery Phase
The discovery phase is where both sides gather information. This includes taking depositions (formal interviews under oath), sending written interrogatories (questions), and requesting relevant documents. The discovery phase can be a long process, but it’s vital to build a strong case.
During this phase, expert witnesses such as medical professionals or accident reconstruction experts may be called in to testify. Their expertise helps clarify complex issues in the case, providing insights that can strengthen your position.
Pre-Trial Motions & Mediation
Before the trial, there may be pre-trial motions, like motions to dismiss or motions for summary judgment, where the judge decides whether some claims can be dismissed before the case reaches trial. Mediation is another pre-trial process that’s used to attempt settlement through a neutral third party. If mediation fails, the case moves forward to trial.
Trial Proceedings
At trial, jury selection happens first (also called a jury trial). The process of voir dire is used to select jurors who are impartial. Each side presents its opening statements, laying out the case to the jury, followed by the presentation of witness testimonies and exhibits (such as medical records and photographs). Finally, the closing arguments summarize the evidence and arguments.
Verdict & Appeals
After deliberation, the jury will reach a verdict based on the evidence presented. If the jury finds in your favor, they will award compensation. If you lose, you can appeal the decision, asking a higher court to review the case for potential legal errors. However, the result or outcome that could come out of an appeal could be a reversal of the verdict, remand (sending the case back for a new trial), or affirmation of the original ruling.
How to Choose the Right Personal Injury Lawyer for Litigation
When choosing a personal injury lawyer, it’s important to find someone with experience in both settlement negotiations and litigation. A skilled lawyer can guide you through the complexities of a trial while also knowing when it’s best to settle.
Additionally, look for a lawyer who has a proven track record of taking cases to trial and securing favorable outcomes. Experience also matters as you need someone who’s prepared for any scenario. There are a number of questions you can ask that will give you the confidence that you have chosen the right lawyer, depending on how they answer.
Your Justice, Our Fight – Trusted Personal Injury Attorney
Most personal injury cases settle out of court, but when negotiations fail, a lawyer will take the case to trial to fight for fair compensation. Personal injury attorneys handle everything from investigating claims to negotiating settlements, and when necessary, representing clients in court. While trials can lead to higher payouts, they also come with risks, costs, and delays. Finally, it is important you understand when a personal injury case goes to court and what happens during litigation. If you were involved in a personal injury accident, hiring an experienced attorney makes sure you get maximum compensation.
Hillguard Injury Lawyers has a team of skilled and experienced personal injury lawyers who are prepared to negotiate aggressively or go to court when necessary. If you’ve been injured, don’t settle for less than you deserve. Contact Hillguard Injury Lawyers today for a free consultation.
Related: How many personal injury claims actually go to court
