Myth: A personal injury case needs to go to trial in order to obtain a fair result.
In fact, most personal injury cases, just like most legal cases, do not go to trial. However, some cases do go to trial and you should know the advantages and disadvantages of settling your case or going to trial.
The key thing when deciding if you should go to trial or not is understanding the costs and risks involved, and analyzing them for your case. You should discuss these things with your personal injury lawyer to determine the right course of action for you. No case is the same. No injury is the same. There is no right answer for everyone or every case.
You should have a lawyer who prepares every case as if it may go to trial. This is actually one of the best ways to obtain a fair result without actually taking the risk of an unpredictable and costly trial. When the other side knows you are handling the case properly, they will be more afraid to go to trial and will do more to settle.
Once you have a settlement offer on your case, you should look at how much of that settlement money is going to you, not just the attorney and medical providers. Some law firms charge really high fees and you may be getting less of the settlement than you expect. Look at what you would be getting from a settlement, versus what you would potentially get after a trial. Nobody knows what a jury will do on any particular case, so there is always a risk involved with any trial.
In our firm, we will never advise you to take a settlement that is not in your best interests. If we feel that you should go to trial, we will tell you that. However, if we have obtained an offer for you that fairly compensates you for your injuries, your medical care, your inconvenience, your pain and suffering, your loss of earnings and all of your damages, we will tell you that as well. If you have a wrongful death case, you need an experienced attorney who knows how to handle the many intricacies involved. We want you to make the best decision for yourself and everyone has different interests and goals. Ask us questions. Discuss these things with your lawyer. Some lawyers will pressure people into making a decision that suits them, rather than you. You do not have to do what your lawyer says. This is why it is so important to have an experienced lawyer who you can trust. This way, you know your lawyer has your best interests in mind, will fight to help you and will do his/her best to obtain the best result possible for you, whether that be in trial or by way of a negotiated settlement.
If you don’t believe your attorney is acting in your best interests, give us a call. We will evaluate your case for free. We will let you know what we think. Many clients have switched to our firm because they were not happy with the offer obtained by their attorney, who was pushing for them to settle for an unfair amount. Let us do the work to help you get the best result possible!