Is It Likely That My Personal Injury Claim Will Go to Trial?

From the moment that you become involved in an accident in West Virginia, you might picture the inside of a courtroom and what it will be like to present your case to lead prosecutors or a judge. However, you might not have to think about this for long – as it turns out, only around 4% of personal injury claims make it to trial. Others? They will be taken care of in the process known as a settlement. You should always speak with a West Virginia personal injury attorney about your options so that you know where you stand in the midst of your claim.

What Does it Mean to Settle Your Personal Injury Case?

You might only be familiar with the prospect of court and know very little about the ability to go through the settlement process. If you choose to settle, this means that you are agreeing to take an agreed-upon amount of money from the defendant who caused you harm. However, in doing so, you are also agreeing to drop the ability to bring a lawsuit against the person who injured you.

What you need to think about before you take your case to trial is whether or not you would actually win a court case or if the prospect of settlement is more likely, given the circumstances of your case. For some people, their day in court seems a necessity. For others, the decision to accept a settlement offer might save you a lot of trouble and leave you in a better position.

Disadvantages of Taking Your Personal Injury Claim to Trial

There are, of course, situations where you should definitely take your personal injury case to trial. This is true in cases where you feel as if you will never get a fair settlement offer from the defendants in your case or when you believe that the defendant is attempting to hide evidence. However, there are also many disadvantages of going to court, which include the following:

Time: The court process can sometimes be an extremely lengthy one, which means that you might not receive the compensation you deserve in a short amount of time, which means that bills might go unpaid. The same goes for those who want closure. You might not receive closure in a short amount of time, especially with a prolonged trial where every aspect must be considered.

Expenses: The cost of a trial from a financial standpoint might also be a huge consideration. Filing fees to head to court alone might be thousands of dollars or money that you do not have. Consider the fact that there are also expenses that come with hiring an attorney and actually going to court.

Risk: Lastly, you will find that there is always a risk when taking your personal injury matters to trial. Judges and jurors might be prejudiced against you from the start, which means that you will not be listened to when it comes to your side of the story. If the jury does not believe the account of what happened in your accident, you could be left with nothing, which might not have happened if you accepted a settlement offer.

Speaking with a Skilled West Virginia Personal Injury Attorney

When you file your personal injury claim, you want to consider all of the mentioned aspects and ask yourself if you have the time, energy, and finances to go through the process. If not, a settlement might be your best consideration. Of course, having an experienced personal injury attorney on your side is the most helpful aspect of any case. Our West Virginia car accident attorneys at Katz, Kantor, Stonestreet & Buckner are here to assist you during one of the most challenging aspects of your life. Call us today to get started on your case at (304) 713-2014.


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