Will Your Personal Injury Lawsuit Go to Trial?

Monday, June 28, 2021

Will Your Personal Injury Lawsuit Go to Trial?

Written by Malman Law, reviewed by Steve J. Malman.

Injured individuals who pursue a claim against the party that caused their damages often wonder if their case will go to trial. Many factors determine the outcome of a personal injury case. As such, it’s best to talk to an experienced personal injury attorney about the specifics of your case.

You might be surprised to learn that not all personal injury claims go to trial. In fact, the vast majority settle before even being given a court date. Settling a claim is less expensive and time-consuming for all parties involved. It also gives everyone more control over the outcome of the case. It’s your choice as the injured party seeking compensation as to whether you want to accept a settlement or proceed to trial. Your Chicago personal injury lawyer can guide you in this decision and attempt to negotiate for a higher settlement amount. For various reasons, some injury cases do end up going to trial.

Factors that Determine if a Case Goes to Trial

While Chicago personal injury attorneys can’t always predict whether a case will go to trial or not, they can explain the factors in your case that will impact the outcome. These include:

  1. The extent of your injuries 
  2. The amount of your medical expenses and future medical expenses
  3. The amount and quality of evidence to support your claim
  4. Your income and earning capacity
  5. If you have lost wages, property damage, or general damages
  6. Your age and family situation
  7. How you will appear to a judge or jury
  8. Jurisdiction, precedence, and local community norms

Sometimes, it is unclear whether a case will need a trial until you are far into the process. You want attorneys who are willing to prepare for trial just in case yours is one of the few injury cases that makes it to the courtroom. The stakes are high at a jury trial, so you want the best legal team in your corner.

What Cases Go to Trial?

Personal injury cases that go to trial typically have one or more of the following factors in common:

  1. The at-fault party’s insurance company thinks they will win if there’s a trial, so they provide a meager settlement or none at all
  2. The insurance carrier wants to avoid setting a precedent for settling your type of personal injury claim as it could lead to further losses for their business
  3. Your Chicago personal injury lawyer’s settlement demand is too high for the insurance company to settle without first fighting the claim

Keep in mind that just because your case doesn’t settle right away doesn’t mean that it won’t. Some cases settle immediately before trial or even during a trial. 

Hire the Right Chicago Personal Injury Lawyer 

The success of your claim starts with hiring the right Chicago personal injury lawyer. Unfortunately, not every attorney is a seasoned trial lawyer. Some personal injury attorneys will only accept claims they are confident they can settle out of court. However, it’s to their client’s detriment. Suppose your attorney has a reputation for avoiding court at all costs. In that case, the insurance company might know this and take advantage of it. You need an attorney who isn’t afraid to take your case to court if it becomes necessary to obtain fair compensation on your behalf. You’ll find such an attorney at Malman Law.

Schedule a no-obligation case review with skilled Chicago personal injury attorneys today. Call (312) 629-0099 or complete our online contact form.

Steve Malman

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.

Years of experience: +30 years
Justia Profile: Steve Malman
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by President and Founder, Steven J. Malman who has more than 20 years of legal experience as a personal injury attorney.

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