Will I Have to Go to Trial for an Injury Claim?

Published on: 01/05/22 — In 

Most personal injury claims are resolved before the injured party files a personal injury lawsuit. However, if a reasonable settlement can't be reached outside of court, your personal injury lawyer will file a lawsuit in court and you will proceed with trial for an injury claim. A judge will typically set a deadline for phases within the personal injury lawsuit process. The entire legal process can take months or even years to get resolved, depending on several factors such as the intricacy of the claim.

Chicago personal injury lawyer Chris Ktenas

If you sustain injuries in an accident that was caused by another person's negligence, it's essential to contact an experienced attorney. At Ktenas Injury Lawyers, our skilled personal injury lawyers can help you file a personal injury claim and recover the financial compensation you deserve. To schedule a no-cost initial consultation, contact our Chicago personal injury law firm today at 312-300-2515

How Many Personal Injury Cases Go To Trial?

If going to court is a significant concern of yours, you may need not worry as much as you think. In fact, only 4-5% of the personal injury cases in the United States go to a court trial. The U.S. Department of Justice reports that 95% to 96% of personal injury claims are settled during pre-trial settlement. 

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There are many reasons most personal injury claims settle outside court. Since insurance companies are involved in most personal injury cases explains the high rate of settlements. Typically, insurance companies have the money to pay out injury claims and are less likely to take the risk of having no control over personal injury settlement amounts when they have to go to court, deal with a judge or jury, and pay attorney fees.

Learn More: Chicago Car Accident Lawyer

Aside from the interests of insurance providers, there are situations in which settling can benefit the involved parties to:

  • Control risks - If the at-fault party knows they're in the wrong and will be held responsible, they may not want to risk having the accident claim be tried in front of a jury, which could award maximum compensation for punitive damages and special damages. The settlement negotiation process gives the defendant more control over how much compensation is offered.
  • Stay out of the public eye - In the event that the accident claim involves a person with a public profile or a larger company, a settlement allows the at-fault party to remain out of the public eye. Settlement offers can be drafted to include a confidentiality agreement so that the accident claim remains under wraps.
  • Faster settlement - Court trials can extend for months, or even years, in the event of appeals. If the injured party is suffering from lost income and the cost of treatment, waiting that long to receive settlement money may not be a viable option.
  • Guaranteed win - When a personal injury claim goes to court, there's no guarantee that the injured person will win the case. To avoid losing the claim and receiving nothing in terms of the settlement money, settling is a safer option.

An experienced personal injury attorney recognizes that the decision to settle or go to court trial is incredibly complicated. Thus, the compassionate lawyers at Ktenas Injury Lawyers will walk you through the legal process from start to finish, so you understand your chances of winning a case, and what a potential court trial means for your legal process.

FAQ: Do I Have to Go to Court for a Chicago Car Accident?

When Can My Personal Injury Claim Go To Court?

Often, disputes over who's at fault for an accident or bodily injury are resolved through informal settlements. Again, four to five percent of personal injury cases will go to a court trial. If your concern is whether or not your personal injury claim will go to a court trial, it's essential to look at the common reasons a case would go to court in Chicago.

  • Involved parties can't agree on who caused the accident. If both parties can't agree regarding who was liable for the accident, there are few legal options but to go to trial.
  • Both parties can't agree on the initial settlement amount. Whether the insurance company representative can't or is unwilling to negotiate, the at-fault party is being unreasonable, or the injured person feels they deserve an amount more than the offered settlement amount when both parties disagree on compensation the claim will go to trial.
  • The injured party chose to sue. Sometimes, the injured person may believe that to receive fair compensation and get justice for the accident, a court trial is the best place to hash things out.

A Chicago Personal Injury Attorney Can Negotiate With the Insurance Carrier For You

It is a well-known fact that insurance providers intimidate accident victims and get out of paying adequate settlements. Insurance adjusters will tell you things like:

  • Your doctor’s evaluation and medical records aren't good enough and you need to be examined by one of their “approved” medical experts.
  • You can't prove in a trial the full and long-term extent of your physical injuries and emotional distress.  
  • You were actually liable for the accident and your bodily injuries

Besides, insurance companies will use every resource and tactic at their disposal to delay or deny personal injury claim settlement, while you bear the mounting medical treatment and other expenses. The goal of insurance adjusters is to make you so desperate for settlement money that you’re ready to settle for a settlement amount less than what you deserve.

Related Content: 8 Tips to Maximize Your Personal Injury Settlement

A lawyer’s reputation is everything when dealing with insurance carriers and insurance adjusters. If you have a reputable legal firm on your side, you have a higher chance of receiving the compensation you deserve because the insurance company will know that picking a legal fight with an experienced lawyer will cost them far more if you go to a court trial. 

Trial for an injury claim?

Your personal injury attorney will work with medical professionals to evaluate the future impact of your bodily injuries and recovery. An experienced trial lawyer in Chicago will have represented countless injury cases and will have decades of experience accurately calculating compensatory damages. 

Contact the Skilled Court Trial Attorneys For Your Personal Injury Case in Chicago

At Ktenas Injury Lawyers, our experienced personal injury lawsuit attorneys are well-versed in:

  • The relevant statutes
  • The ins-and-outs of Chicago personal injury laws
  • The local insurance providers and judges
  • The legal precedents concerning your case, be it slip and fall, auto accident, construction accident, or dog bite personal injury case. 

We offer a no-cost legal consultation to discuss your injury claim and answer any queries and concerns you may have. Our injury firm will explore the different strategies with you and go over the best approach to get maximum compensation. Our goal is to help you recover financial damages for your medical costs and other expenses and get your life back on track immediately. To learn how we can help you, call our Chicago accident law firm today at 312-300-2515.