After an accident, the victim is eligible to file a personal injury case against the at-fault party. Handling a personal injury case can be a challenging process, as you need to know the complex court rules and legal terms. They can also take a long time to resolve.
In rare circumstances, personal injury cases can go to trial. In such situations, it is always better to get legal assistance from experienced personal injury firms, like Alexander Law Group, LLP.
During the trial process, it is important to have a clear understanding of what you can expect, which can help you be aware of the legal options.
Why Does Your Personal Injury Case Go to Trial?
When a personal injury case does not settle outside of court, then your lawyer will take your case to trial. Here are the main reasons why your case may turn into a lawsuit.
- Failure to Offer a Fair Settlement: If the other party’s insurance adjuster disagrees with paying a reasonable settlement, then the case will move to court.
- Punish the Defendant: If the victim wants the defendant to be punished publicly for their negligence, then the case will go to trial.
What Can You Expect in the Trial Process?
Let’s see what you can expect when your case goes to trial:
- Additional Charges
- Cross-Examination
- Lengthy Process
- Punitive Damages
- Unpredictable Outcome
Additional Charges: When you decide to resolve your personal injury case in court, you need to be aware of the expenses. Here are some of the expenses in the trial process:
- Case Filing Fees
- Administrative Fees
- Deposition Costs
- Court Fees
- Expert Witness Fees
- Miscellaneous Expenses
Keep in mind that the trial process is much more expensive than you think. It is important to consider the expenses before opting for a trial.
Cross-Examination: Cross-examination is one of the most difficult phases in the trial process. The objective of cross-examination is to challenge the accuracy, consistency, or credibility of the witness testimony. This may go either way, as witnesses may succumb to pressure from the at-fault party’s legal representatives.
Lengthy Process: Taking your case to trial can be a time-consuming process. You will have to wait for a longer period of time to settle your personal injury case. You will have to go through various court proceedings, such as the discovery phase, depositions, and hearings. All this takes several months or even years to resolve your case.
Punitive Damages: If you want to punish the defendant for their reckless actions, then a personal injury trial is the best option for you. This can be done in the form of punitive damages. The main purpose of punitive damages is to prevent other people from repeating the actions that led to your injury. Punitive damages are only awarded in court.
Unpredictable Outcome: The outcome of a trial can often be unpredictable, leading to favorable or unfavorable verdicts. There are chances that you may get a huge settlement. But there are also chances that you may miss out on the settlement offer that was made earlier.
If you want a favorable outcome, then you need to get the assistance of an experienced personal injury lawyer. They will help you get justice and make sure the judge and jury understand your plight.
Final Thoughts
We hope our blog has helped you learn about personal injury trials. Going for a trial has positives and negatives. It is important to take them into consideration during a personal injury case.
All personal injury cases are not the same. If you are unfamiliar with the legal procedures, then you should consult an experienced attorney who will deal with all the complexities of your case.