Things To Consider Before Taking A Personal Injury Case To Trial
by Lawrence Miller
The settlement process in personal injury cases don't always go according to plan. Sometimes either your party or the negligent party will want to go to trial. But before you consider going to trial, there are a few things you should know.
You Lose a Lot of Control Over the Situation
The decision of a trial is out of your hands and the defendant's hands as well. It's up to the judge or jury to decide. That decision can take into account things you didn't previously consider, such as percentages of contributory or comparative negligence.
You can walk away with nothing at all depending on your state and the nature of your case. Conversely, you can end up with damages beyond what you would have expected. Unless you and your lawyer feel that you have a very strong case, you may want to just take whatever settlement the other party offered.
Your Transactional Lawyer Cannot Handle a Trial
Your personal injury lawyer most likely did an excellent job up until this point. Unfortunately, that doesn't mean that your lawyer can handle a trial. Some will say that they can, but that doesn't make it so. You need proof, and you need it immediately.
Many personal injury lawyers are transactional lawyers. That means they deal with everything except the courtroom. It's the litigation and trial lawyers that perform courtroom work for you.
- Some law firms keep trial lawyers on staff for just such an occasion
- Some lawyers will refer you to a trial lawyer
- Some lawyers will leave it up to you to figure out
Many people hire lawyers without realizing the lawyer can only take them so far. Some transactional lawyers claim they can handle a trial themselves. However, you should always make sure that lawyer has the credentials to prove it.
Always Ask at the Very Start about the Possibility of Trial
When pursuing a personal injury case, always ask your potential lawyer if they're ready for a trial. He or she should give you an honest answer. He or she should also let you know what your options are if trial becomes a strong possibility. You can also go directly to a trial attorney with your case from the start.
Many trial lawyers do accept personal injury cases without requiring you to first go through a transactional lawyer. In some cases, just knowing that you hired a trial lawyer from the start can let an insurance company know that you are serious, and you're not afraid to go straight to trial. For more information, contact a professional like Irene M Rodriguez PA.
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About Me
What kind of injuries can you hold someone liable for? How severe do the injuries have to be? When my husband was injured by a faulty saw, we weren't sure what we were going to do. At that time, we didn't have any health insurance and had to try to come up with the money for emergency and long-term medial treatment. This created an impossible time for my family. My husband was out of work and we had medical bills piling up because a product that we paid a lot of money for malfunctioned and injured my husband. So, what can you do when this happens? Read through my blog.