Jones & Swanson

Will My Personal Injury Case Go to Trial?

In Smyrna and throughout Georgia, when people are injured because of someone else’s negligent behavior, they are entitled to damages through a personal injury claim. This includes car and truck accidents, pedestrian accidents, dog bites, medical malpractice, dangerous drugs, nursing home abuse, defective products, and many other types of accidental injuries.

Even though many injured parties are “entitled” to damages by law, a percentage of people never file a claim or lawsuit. How come? In our experience, some people feel as if the whole legal process makes them uncomfortable. These are the common fears that we encounter from people who are hesitant to file a claim:

  • They are afraid of going to court.
  • They don’t want to go to trial.
  • They don’t want to wait for months or years for their case to conclude.
  • They think that filing a claim will be too complicated and difficult.
  • They are afraid of going after an insurance company for compensation.

Does any of the above sound familiar to you? Were you, or someone you love injured in an accident, but out of fear of the legal system, you have not done anything to file a personal injury claim? If you can relate to the above concerns, we want you to know that with the help of an experienced personal injury attorney, the process of filing a claim can be greatly simplified. At our firm for example, we do all the heavy lifting so you don’t have to.

Why Most Cases Don’t Go to Trial

Back to the question, “Will my personal injury case go to trial?” In reality, the vast majority (upwards of 90 percent) of personal injury claims settle out of court and there are many reasons why. For starters, juries are unpredictable and trials take a long time. By negotiating a settlement outside of court, both sides are able to maintain control over the outcome of the case, and they do not succumb to the whims of an unpredictable jury.

Admittedly, there will always be a time and a place for a trial. Usually, when an insurance company is unwilling to agree to a fair settlement, the best thing for the plaintiff (injured party) is to take the defendant (at-fault party) to court. Even then, it’s not uncommon for insurance companies to offer a settlement during trial, before the jury comes back with a verdict.

Looking for a Smyrna personal injury attorney? Contact our firm today for a free consultation!

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