Do All PI Cases Require a Trial?

Nearly all types of accidents can lead to a personal injury case. If you have been injured in an accident and have decided to initiate a claim, you are likely confused about what to do going forward. Nationwide, there are hundreds of thousands of personal injury cases yearly, but luckily, a vast majority of these cases will not go to trial for many different reasons.

A professional Tennessee or Nashville personal injury lawyer could help you speed up the process while helping you gain the compensation you deserve. The Bednarz Law Firm is worth considering if you would like to know if your case can settle outside of court or if your case would need to go to trial. Personal injury cases can be traumatizing and taxing, but with the aid of a professional lawyer, you are more likely to reach a positive outcome.

What is a Personal Injury Case?

Before we can look into whether every personal injury case will make it to trial, we need to understand what a personal injury case is. According to personal injury law, any person who has been injured due to another party’s negligent actions can initiate a personal injury case. It will, however, have to be provable that the party caused harm through a negligent act or an intentional act. However, it’s crucial to note that an injury does not automatically prove liability.

What is a Settlement?

During personal injury case proceedings, a plaintiff will usually choose between either accepting a settlement or taking the case to trial. In essence, a settlement is a formal acceptance of a conclusion to a case without either party needing to take the case to court.

A settlement can be reached at any point in time and even before a formal lawsuit is filed. During the proceedings, when a settlement is decided upon, both parties will meet and discuss a settlement agreement, and once the deal is made, a formal settlement document will need to be signed. After the settlement document is signed, there will be a liability release, meaning the case cannot go to trial.

What is a Trial?

If a settlement cannot be reached or a settlement is refused by one or both parties, the case will then go to trial at court, where a judge and jury will decide the lawsuit’s outcome. When the case is presented at court, both the plaintiff and defendant will have a chance to argue their cases to a judge and jury. There is no specific time frame for which a trial will last. Some trials last weeks, while others could last months or even years.

During a trial, there are usually six different phases. The first three involve assembling a jury, giving the judge and jury the opening statements, and providing the court with witness statements and rounds of cross-examinations. The second half of the trial will involve the closing arguments of both parties, a jury’s instruction, and the judge and jury’s deliberation and final verdict.

Does Every Personal Injury Case Go to Trial?

In the United States, the large majority of personal injury cases have to go to trial. In essence, this means that most personal injury cases filed in civil court will reach a settlement during the pre-trial phases without a judge or jury needing to be contacted and assembled.

Why Do Most Personal Injury Cases Settle?

There are primarily three reasons why a personal injury case might reach a settlement before going to trial. If you would like to learn these reasons, you can look at the brief list below.

• The settlement amount that the defendant’s insurance company offered is deemed fair by the plaintiff and the plaintiff’s attorney. Additionally, in most cases, the settlement is accepted when the settlement amount is considered comparable to what the plaintiff would have won at trial.
• When the defendant’s insurance company is reasonably sure the plaintiff would win their case at trial, they will usually offer a fair settlement amount to avoid legal costs and court fees. Most times, the plaintiff will accept this fair settlement as it is comparable to what they might win in court.
• If the settlement amount requested is insignificant enough, the plaintiff will usually settle outside of court to avoid expensive court and attorney costs.

For Help with Your PI Case, Contact a Tennessee or Nashville Lawyer Today

Personal injury cases can be time-consuming and costly affairs, especially if you are not aware of the various laws and options available. That is why utilizing a Tennessee or Nashville lawyer’s services would be beneficial. Often personal injury lawsuits can be settled outside of court, which not only saves you time and money but also relieves some of the financial burdens you are facing faster and more efficiently. If you would like to discuss whether or not your case can be settled outside of court, you can contact the Bednarz Law Firm for more information.