A personal injury claim (PI) can be frightening, but imagine taking it to court. Sometimes, trials are productive, but they are also too risky at the same time, and one would have to be extremely careful while deciding with them.
Here is a list of do’s and don’ts that can guide you to weigh out a decision over whether to take a personal injury claim to trial or not.
Do’s
- Carefully consider the pros and cons before deciding on a trial. Sometimes, going to trial would mean receiving much more compensation than one would through an out-of-court settlement negotiation. There is always room for uncertainty when going to trial. Weigh out the strength of your case against any potential payout plus costs involved and then decide on the best option.
- In the event that you chose to go for trial, be sure that your evidence is compelling enough to withstand the rigors of trial processes. For example, organize medical records, witness statements, accident reports, and expert testimony. The stronger your evidence, the stronger your case will be in court.
- Be financially prepared for legal fees, court costs, and potential fees for expert witnesses. These expenses can mount quickly and impact your overall compensation.
- Talk to your lawyer for an honest analysis of all the weaknesses and strengths of the case. A seasoned personal injury lawyer will give you a sense of how the jury may likely react and how likely you are to prevail.
- Prepare yourself mentally to face an extended legal fight and waiting periods. Remember, trials take months or even years. It might be worth proceeding if you are okay with the long-term it requires and feel that the good end justifies it.
Don’ts
- Don’t assume that all cases are trial-bound. Although it might seem so, most personal injury lawsuits are settled out of the courtroom. Settlements are less expensive, faster, and much easier to predict. Don’t jump at the mention of a trial without considering a fair settlement offer that will fit your needs.
- Don’t overlook the risk of losing even with strong evidence; trials can be unpredictable. Juries may not always side with you, and a negative verdict means no compensation. This is a significant risk to keep in mind, especially if settling could still provide substantial compensation without the gamble of a trial.
- Do not make a decision based on your emotions. It’s expected that after an injury, especially if you think the person responsible is not being made accountable, feelings of anger or frustration may arise. Stay objective and make decisions based on facts, not feelings.
- Don’t forget the time and stress involved in personal injury lawsuits. A trial takes months or years and can be extremely stressful because of the multiple hearings, cross-examinations, and days in court. The trial process can disrupt your daily life, and the stress can take a toll on your mental and physical health. Make sure you are prepared for these challenges before proceeding to trials.
Conclusion
In conclusion, consider multiple factors before deciding whether to take your personal injury case to court. This decision specifically requires proper advice from an experienced personal injury attorney to help assess risks, benefits, and, more importantly, your individual capacity to withstand the long and tedious process, which can run for years.
While trials might result in better settlements, they can be uncertain, costly, and should not be underestimated. By weighing the do’s and don’ts, you will be better positioned to make an informed decision that aligns with your best interests. Also, regardless of an out-of-court settlement or trial, the assistance of a personal injury lawyer is essential.
