Will My Personal Injury Case Go to Trial?
When you’re hurt in a personal injury incident, the possibility of having to take your case to trial to get compensation can be an intimidating thought. Many clients at Burke, Schultz, Harman & Jenkinson wonder whether their personal injury case will end up in a courtroom. The truth is, while the idea of a trial might seem inevitable, the majority of personal injury cases are resolved long before reaching that stage. Often, it’s not even necessary to file a lawsuit to settle your claim.
Here’s a look at the journey most cases take, and why having a robust legal team by your side is crucial, regardless of whether your case settles or goes to trial. For help after a personal injury in West Virginia, contact Burke, Schultz, Harman & Jenkinson to discuss your claim with a team of dedicated and successful Martinsburg personal injury lawyers.
The Settlement Process: A Preferred Route
In the vast landscape of personal injury cases, from automobile accidents and slip-and-fall incidents to construction accidents and medical malpractice, a significant portion settles outside of court. In fact, it’s estimated that over 90% of personal injury claims are resolved through settlement before a lawsuit is even filed. This process involves negotiation between the injured party (the plaintiff) and the insurance company or the defendant directly.
Settlements are generally favored for several reasons:
- Efficiency: Settlements can be reached relatively quickly compared to the duration of a trial, which can span months or even years.
- Cost-effectiveness: Avoiding court helps reduce legal expenses and court fees.
- Certainty: Settlements provide a guaranteed outcome, whereas trial verdicts can be unpredictable.
- Privacy: Settling a case avoids the public exposure that can come with a trial.
Our team at Burke, Schultz, Harman & Jenkinson is adept at navigating the settlement process, ensuring that all negotiations are conducted with your best interests in mind, aiming for the maximum compensation you deserve.
Filing a Lawsuit: Preparing for All Possibilities
While many cases are settled amicably between parties, there are situations where a fair agreement cannot be reached through negotiations alone. In such instances, filing a lawsuit may be the next step. However, this does not mean your case will definitely go to trial. Even after a lawsuit is filed, the opportunity for settlement remains. Many cases are resolved during the pre-trial phase through mediation or arbitration, processes that involve a neutral third party to help facilitate a resolution. Cases can also be settled at any time through less formal means by agreement of the parties. Filing a lawsuit puts the case into perspective for both parties, generates additional information regarding claims and defenses, and can help frame the issues for trial or settlement.
At Burke, Schultz, Harman & Jenkinson, we prepare every case as if it will go to trial. This meticulous preparation not only enhances our position during settlement negotiations but also ensures that we are ready to proceed to trial if necessary. Our thorough approach involves gathering comprehensive evidence, consulting expert witnesses, and crafting a compelling argument that upholds your rights and seeks appropriate compensation for your injuries.
Going to Trial: When It’s Necessary
While rare, going to trial is sometimes the best or only option to secure the justice our clients deserve. This could occur in cases where:
- The at-fault party disputes liability and refuses a reasonable settlement.
- The insurance company denies a fair claim or offers a settlement far below what is necessary to cover your losses.
- There are complex legal or factual issues that require a judge or jury’s intervention.
When a trial is necessary, having a strong legal team becomes even more crucial. Trials are complex and demand a deep understanding of legal procedures and excellent advocacy skills. Our attorneys at Burke, Schultz, Harman & Jenkinson have years of experience in courtrooms and are committed to representing our clients with the utmost professionalism and vigor.
Contact Burke, Schultz, Harman & Jenkinson for Help With Personal Injury Claims in West Virginia
Whether your case settles out of court or proceeds to trial, having a skilled legal team is essential. At Burke, Schultz, Harman & Jenkinson, we prepare diligently for every potential outcome, providing you with the support, guidance, and representation necessary to navigate the complexities of your personal injury claim. Call us today at 304-263-0900 or 800-903-0901 to discuss your case and understand more about how we can help you achieve the compensation you deserve.