If you are pursuing compensation for the injuries you suffered in an accident caused by somebody else’s negligent actions, your case may be resolved in a settlement or end up in a trial. Should you go to court, some factors determine what happens during the trial.
What to Expect During a Personal Injury Trial
Injury trials may have a judge or jury determining who wins the case and the amount of settlement is worth according to the available information. The jury or judge will also consider who is to blame for the accident. In Pennsylvania, you should be less than 51% at fault for the accident to recover compensation. But if you were not at fault or just partially responsible, you can be awarded an amount based on your percentage of fault. A Philadelphia, PA personal injury attorney can help you determine fault, so consult with them first before you file a claim or deal with a settlement.
Injury trials can take months or even years to be completed. This can happen as insurance companies tend to fight to protect their bottom line by paying you as little as possible.
During an injury trial, both parties involved can give their account of what took place, what happened after the accident, and the injuries sustained by victims. Also, you can present during the trial the damages you sustained such as medical expenses, lost wages, and pain and suffering. The jury or judge will evaluate the evidence presented and make a decision based on it.
Settlements vs Trials
The majority of personal injury claims are settled out of the courtroom. A settlement is reached when both parties agree on an amount to resolve a claim. During a settlement, you may get a lump sum settlement or a structured settlement. Once you agree to settle, you will waive your rights to further compensation. The opposing party will let you sign an agreement. Make sure you have an attorney by your side during negotiations.
If claim settlements fail, your can take your case to trial where a judge or jury makes the final determination and decision. Going to court does not guarantee you a positive outcome. Your case can get dismissed or you may get a lower payout. But there is also a great chance that you could get awarded a good amount of verdict. It is up to the judge or jury to decide the outcome of the trial.