Many clients have viable claims for personal injuries. One of the first questions asked at an initial consultation about a possible claim for damages resulting from personal injuries caused by another party is whether the case will settle or go to trial. Of course, every personal injury case is unique with different attendant circumstances, parties, and results.
In most instances, lawsuits for personal injuries never proceed to trial. Some are settled after the plaintiff’s initial demand letter is sent, others are settled after trial starts or minutes before the trial is to begin. Yet, each personal injury case is different and affected by a variety of variables or factors that affect whether or not a case is heard by a jury.
There are those cases that cannot be settled because the offer is insufficient to compensate the injured party. Other cases may not settle because there is a question of fault for the accident. Some defendants, such as insurance companies, may have a policy of not offering to settle cases and preferring trial.
Going to trial may simply be preferable based on the circumstances of the case. There are instances where a plaintiff’s ability to attract the empathy of a jury may make it preferable to take the case to trial and forego settlement. It is also possible that the law applicable to a case may be unclear because the circumstances are novel or unprecedented. Both the plaintiff and defendant may be unsure of how a judge will decide the case’s legal issues, or how the jury may decide the case’s facts. When this occurs, it may be in the best interest of both parties to accept a settlement, rather than risk the unpredictability of a jury trial.
Prospective personal injury plaintiffs require an attorney who may handle all aspects of a personal injury case, including settlement negotiation, trial preparation, and litigation of a case before a jury. Powell Law’s attorneys have unmatched experience assisting individuals who have suffered damages caused by the negligence of others. At Powell Law, it is our goal to protect and assert our clients’ rights effectively. Powell Law has an established 115-year-old reputation throughout northeastern Pennsylvania. Contact Powell Law at (570) 961-0777. The consultation is FREE, and you don’t pay unless we win!