Listing The Pros And Cons of Taking Your Personal Injury Case To Trial

Being injured due to someone else’s negligence can be inconvenient. Even though permanent losses can never be recovered, the at-fault party can provide compensation for the temporary damages and medical bills. There are two ways to get compensation– filing a claim with the insurance company and reaching an out-of-court settlement, and the other is going to court.


Whether you should take your case to trial depends on your special circumstances. A Stockton personal injury attorney can help you make a decision about whether you should take your case to trial or settle outside court. 


Pros of going to the trial.


  • Trial by jury may be to your advantage: An experienced personal injury lawyer will be able to establish a strong case on your behalf. Make sure to provide specifics about your injuries, the treatments you had, and the ways in which the accident affected your life negatively. This is why jury awards are sometimes far higher than settlements reached through negotiations.


  • Gives you more time to prepare: It will take your legal team longer to prepare to present the case if you decide to go to trial instead of accepting a settlement or plea bargain. Trials in criminal or civil cases can go on for months or even years. During this time, your lawyer will be able to collect and evaluate the evidence, consult with witnesses, make a trial plan, and prepare for the cross-examination and witness evidence.


  • Winning a potentially larger monetary award: A jury of your peers may give you a far higher award for your claim than you may have gotten in a settlement if you bring your case to them.


Cons of going to the trial.


  • Trial can be unpredictable: After the case is settled, you know the monetary value of the agreement. The amount you will typically receive is this amount minus any legal fees. However, there is no guarantee to the case when it goes to trial. The defendant might or might not be found guilty in a jury trial. This implies that a victim of an injury may proceed to trial and ultimately get denied for the compensation.


  • Costs could be higher: Going to court can result in a more favorable outcome; however, it can also be a considerably more expensive process. A good lawyer can be very expensive in criminal cases where a public defender does not represent the defendant. Additionally, you may have to pay for expert testimony, which quickly adds up to the costs of your defense. 


  • Longer waiting time: Within 30 days after reaching an agreement, damaged parties should get compensation in a settlement. On the other hand, trials may take a very long time before reaching any conclusion.

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