What Are the Chances of Settling My Case Out of Court Versus Going to Trial?

You have been hurt because of someone else’s negligence. Your medical bills are piling up, you have lost income from time away from work, and you have probably experienced other accident-incurred expenses. Perhaps you have had to hire others to help with childcare, household maintenance, and transportation. Along with this financial suffering, you are dealing with the physical pain and consequences of your injuries and the emotional fallout.

If you have not yet made the wise decision to partner with a West Sacramento personal injury lawyer from Triumph Law, connect with us right away. Even if you have secured representation and filed your claim, you are probably wondering, “Will my case go to trial?” Chances are, it will not. However, know that while your attorney will negotiate fiercely to settle out of court, Triumph Law is primed and ready to fight for your rights in the courtroom.

What You Do After an Accident Determines the Path of Your Case

Personal injury cases often stem from motor-vehicle, pedestrian, bicycle, slip-and-fall, dog bite, or other accidents causing serious injury. After your accident, take two important steps: get medical care and contact Triumph Law to speak with a personal injury lawyer.

Medical Care

Even if you do not need emergency medical attention, see a doctor promptly. The damage caused by some injuries may not appear immediately. Some effects take a few hours or a day to show, and others can be hidden by the adrenaline pumping through your system. Further, if you delay treatment and your condition worsens, not only is your health compromised, but the party at fault for the accident now has a way to blame you and your decision to delay care for your injury.

Legal Representation

By partnering with an attorney right away, you can be certain to take the right steps to build your case and work toward a fair settlement. For example, your attorney will handle all conversations with the at-fault party’s insurance company. 

These companies often offer fast-but-low settlements, and vulnerable victims who do not have a savvy legal advocate to recognize the unfairness of the offer may accept too little. Insurance representatives are also very willing to twist your words into admissions of fault or use other unethical strategies to put unwarranted blame on you. Do not risk a fair settlement. Leave all conversations to your attorney. 

Having a personal injury attorney guiding your steps from the start puts you in a stronger position to negotiate a settlement without going to trial. It also helps you build a stronger case should you need to go to court.

How Negotiations Work

Triumph Law will put all its legal know-how, experience, and resources into investigating your accident. We will discover the cause of the accident and identify the at-fault party. Through our investigation, we will compile evidence to prove that party’s negligence –defined in the California Civil Jury Instructions (CACI) §400 –and support your claim.

Your personal injury lawyer will also assess your losses with tremendous care, missing no details. In calculating a settlement demand, your lawyer will factor elements such as:

• Medical costs and future care needs
• Income losses and lost future earnings if you cannot work any longer
• Value of property damaged or destroyed in the accident
• Other accident-related costs
• Pain and other physical consequences of your injury, such as lost mobility or disfigurement
• Emotional suffering and diminished enjoyment of life

Your West Sacramento personal injury attorney will send the liable party’s insurance and other representatives a settlement demand substantial enough to compensate you for these losses. 

Settling Out of Court

The at-fault party’s insurance company should respond to the settlement demand. Typically, they present a counteroffer, which is lower than the demand, starting the negotiation process. Your attorney and the at-fault party’s representative will go back and forth with offers, arguments, and evidence until you reach an agreement.

Advantages of Settling Out of Court

Estimates show the vast majority of personal injury cases, about 95%, do not go to trial. And there are advantages to settling out of court:

• Faster results. Trials can take many months or years to reach an outcome while settling often happens within six months or a year.
• Definite results. You will receive a financial award for certain. Trials do not come with that guarantee.
• Save costs. Courtroom costs add up. While you do not pay any of these costs until you receive a settlement, lawyer fees are considerably less when cases are settled outside the courtroom.
• Privacy. Negotiations are private, while court cases become a matter of public record.

There is no doubt these advantages are significant, but there are also disadvantages. A negotiated settlement may be lower than the amount you might win in court. And, when you agree to a settlement, you agree not to pursue any further legal action against the at-fault party. You can trust your personal injury lawyer in West Sacramento to consider the specifics of your situation and offer you sound advice. 

Taking Your Case to Court 

Sometimes, negotiations fail. The other party’s side refuses to negotiate in good faith by dragging their feet and stalling the process or refusing to make a reasonable offer. When this happens, you may decide to take your case to court.

Your personal injury attorney in West Sacramento will help you make the right decision by considering the strength of the evidence supporting your claim and settlement demand and the strength of the evidence proving the liable party’s negligence. 

In California, personal injury claims must be filed within two years of the date of your accident–failure to meet this deadline will usually lead to a case dismissal. Your attorney can file even while in the negotiating process. Letting the other party know you mean business and are prepared to go to court can help move negotiations along. 

Settlement or Trial? We Are Here No Matter What

Triumph Law is here for you. We are here to advise you, build your case, negotiate boldly, and fight fiercely in court. We will do what is best for you. Reach out with a message or a call and schedule a free consultation with a West Sacramento personal injury lawyer from our firm. We will fight to get you substantial compensation and justice.