Personal Injury Lawyer Virginia Beach
The accident you suffered was stressful enough. You’ve had to deal with the initial shock of it, then the fallout of your medical treatments, recovery efforts, and mounting expenses. You’ve filed a personal injury claim, but you’re worried—what if your case goes to trial?
The thought of a drawn-out trial can be intimidating. You may worry about the time it will take and how you’ll manage your expenses in the meantime, to mention the stressful toll it will take on you and your family.
Our Virginia Beach personal injury lawyers can help. At Shapiro, Washburn, & Sharp, we understand that the idea of a trial can be overwhelming. We take the time to understand your specific circumstances and will be sure to explain everything to you, including the likely outcomes of your case and how to be prepared for what may come. Call us at 833-997-1774 for a free consultation on your particular case.
Do Most Personal Injury Cases Settle or Go to Trial?
If you’d rather not go to trial, the odds are in your favor. Most personal injury cases settle before they go to trial. According to The Law Dictionary, about 95 percent of pending lawsuits end in a pre-trial settlement. That means that only one in 20 cases goes to court to be heard by a judge or jury.
When both parties can agree on a compensation amount without the need for a trial, that is when a settlement occurs. This is a resolution of the case that avoids a court trial and is usually what everyone prefers because it saves time, reduces legal fees, and spares the plaintiff and defendant the emotional strain of further litigation.
Sometimes, however, negotiations fail, and the parties cannot come to an agreement. When that happens, a trial is the only way to resolve the dispute.
What Factors Tip the Scales in Favor of a Settlement?
When examining your case, your personal injury attorney will look at several factors and inform you of whether a settlement is most likely. These factors include the following.
Clear Liability
How clear is it that the other party was at fault in your accident? The more evidence you have and the stronger your argument is, the more likely your case will settle outside of court. Maybe another vehicle hit you from behind, and you have the police report, witness statements, and video evidence on your side. In that case, there is little room left for argument, and the other side’s insurance company will likely choose to settle rather than risk the expense and outcome of a trial.
Reasonable Damages
How much documentation do you have showing your losses? The more records you have and the more supporting evidence of your medical expenses, lost wages, and pain and suffering, the more likely your attorney will be able to negotiate a fair settlement. Having clear, factual evidence supporting your claims for compensation reduces the uncertainty for insurers.
Desire for Certainty
Trials are, by their very nature, unpredictable. It is unclear how a judge or jury may react to the evidence. Because of that, insurance companies and defendants will typically prefer the certainty of a settlement over the gamble of a trial.
High Litigation Costs
Trials are almost always expensive for both sides. That means that it’s in everyone’s interest to try to negotiate a settlement and avoid the legal fees and court costs of a trial.
Pre-Trial Mediation
Most cases are resolved during mediation, in which a third party helps the two sides talk to each other and reach a mutually acceptable agreement.
What Factors Tip the Scales in Favor of a Trial?
While most cases will settle out of court, there are circumstances in which the parties will choose to go to trial. Factors that increase the likelihood of that outcome are as follows:
Disputed Liability
If it’s unclear who caused the accident, a trial may be more likely. Maybe the other side insists that you were at least partially at fault and that, therefore, they don’t owe you damages.
Imagine that you were injured in a multi-vehicle crash. The defendant may argue that they were not at fault and one of the other vehicles caused the accident. If your evidence doesn’t make it perfectly clear who is at fault, the case may proceed to trial, where the judge or jury would review the evidence to determine fault.
Disagreement Over Damages
The parties may not be arguing over who caused the argument but may argue over the value of the case. You have put forth your expenses and asked for a certain amount of compensation. The other side may dispute that amount, arguing that you have exaggerated the extent of your injuries. They may say that you had a pre-existing condition that is to blame for some of your expenses. In a case like that, a trial may be necessary.
High Stakes
Suppose you were severely injured in the accident and are seeking to recover not only your immediate expenses but also the cost of future medical care and perhaps rehabilitation and home modifications. In that case, your case may be more likely to go to trial because the amount at issue is higher. The insurance company for the other side may hesitate to pay a large settlement without a fight.
Defendant’s Strategy
Sometimes, the other side will adopt a hardline approach no matter the circumstances. They may refuse to settle in the hopes of discouraging you and your attorney from taking the case any further.
How Can a Personal Injury Lawyer Help?
You may feel that the evidence in your case is straightforward and your case should be easy to settle. Be careful, though, as you’re probably dealing with an insurance company most concerned with its profits and bottom line. Having an experienced attorney on your side signals to the insurer that you are prepared to go the distance all the way to trial if you have to.
An attorney with trial experience can negotiate from a position of strength, putting pressure on the other side to offer a fair settlement. A trial-ready attorney will also know how to thoroughly investigate and prepare your case so that it’s as strong as possible. Ultimately, if you have to go to trial, you want an experienced attorney ready to fight for your rights.
Contact us today. We’ve helped many clients settle their cases because of our reputation for being willing to go to trial. We will also be able to give you every advantage if you do end up having to go to court as we did for this man who suffered a severe bacteria infection after going to his dentist. We took the case to trial and helped secure a $3.74 million verdict.
To serve all of our clients, we have offices in Hampton, Portsmouth, Norfolk, Chesapeake, and Virginia Beach.