When you get injured due to individual negligence, there is a possibility you will be tangled up in a personal injury settlement with the liable party. If your injury case goes to court, many elements will influence your case.
In addition, there are several reasons why personal injury claims go to court, including case complexity, an unresponsive defendant, or insurer.
Let’s look at why personal injury claims go to court in Pittsburgh, PA.
What is an Injury trial?
Typically, personal injury cases are distinct from criminal cases. However, there are some similarities. Personal injury trials can be composed of a bench trial where a judge is in charge of making a judgement or a bench of juries who decide the winner of the trial and the amount of settlement that is determined by data provided during the personal injury case.
However, there are elements that judges and juries use in deciding the amount of settlement one gets. For instance, when you were more than fifty percent responsible for personal injury you will not get judgment.
But when you are not liable or partially liable for the injury during the judgment, you will receive compensation for the proportion you were not liable for.
Furthermore, your personal injury lawyer will aid you in determining the legal steps to take when you are liable or not for the personal injury. Hence, getting a great, experienced personal injury lawyer is vital.
The timeframe of injury trials usually varies and, in some instances, can take several months, especially when the liable party is unwilling to agree to a settlement. This usually arises when insurers want to maintain their profit margins by paying the lowest number of settlements.
During personal injury trials, each party is allowed to elaborate on how they perceive what caused or the person responsible for the injury, the result of the injury, the extent of injuries sustained, lost wages, medical expenses, pain and suffering caused, testimonials, and police report.
These personal injury trials enable each party to give the other side of their account to make their case heard while proving what happened and why they are worthy of the settlement they are inquiring about or wanting.
When each party finishes giving their account, the jury will review the evidence provided, decide who was responsible, and give a fair settlement amount.
What is the difference between Trials and Settlements
Many personal injury cases are usually settled out of court. However, some proceed to trial, so it is vital to know the difference.
Trials happen when two parties fail to reach a settlement on a certain personal injury case and proceed to court, where a bench of jurors or judges will decide on the outcome of their case.
While settlement is an arrangement between two parties or individuals involved in a personal injury dispute to resolve the dispute, the liable party agrees to pay for the damages.
The damage can be paid in organized or lump-sum settlements depending on the consensus reached.
Why do personal injury cases go to court?
The first phase of a personal injury claim involves reaching an agreement with the insurers. It’s crucial to find an experienced attorney to assist you during this phase, as they will ensure your interests are taken care of.
During this stage, your personal injury lawyer will gather all the vital information to evaluate liability and the compensation you are eligible for. Sometimes, when the liability is disputed or when the two parties fail to reach a compensation agreement, your lawyer will file a lawsuit with the court, which will be served to the other party involved.
Many elements determine whether an injury case goes to trial. This includes complexity in showing beyond doubt fault, the settlement amount being high, the absence of evidence and contravening witness disclosure.
Normally, insurance companies determine the level of fault. For instance, in personal injuries caused by negligent drivers, an insurance company will determine the level of fault based on the automobile insurance fault determination rules. Usually, all parties involved in automobile personal injury are entitled to object to the determination of liability and petition the decision.
Cases go to trial in these circumstances:
- When the parties involved fail to reach a consensus, the case will proceed to court and a judge will make a decision based on the facts presented.
- When the defendant’s injury attorney believes the defendant will be victorious in the lawsuit.
- When the defendant’s insurers refuse to settle a settlement.
- When the settlement amount requested by the plaintiff’s lawyer is costly.
- If the plaintiff considers the liable party to be publicly made accountable for the injuries.
Will the personal injury lawsuit settle or proceed to trial?
When considering whether personal injury cases settle or proceed to court, the lawyers for the two parties involved normally examine the following factors.
- The size of the litigant’s injuries
- The litigant’s medical bills and rehabilitation cost
- The plaintiff’s wage and earning aptitude
- The litigant’s age
- The plaintiff’s family situation
- If the litigant appears before a court jury or judge,
Have a Personal Injury Case? Contact Our Personal Injury Lawyer in Pittsburgh, PA
If you have suffered severe injuries, it’s important to hire a skillfully experienced attorney to fight for your rights. Your lawyer will review the facts of the injury case, determine the compensation you should receive, and then help you build a strong case against the liable party. If the settlement amount is unjust, your attorney has the mandate to advise you to file a lawsuit where the case will proceed to a personal injury trial.
At J.P WARD& ASSOCIATES LLC, we have represented hundreds of personal injury victims and still maintain a strong attorney-client relationship because we handle sensitive or confidential information discreetly. Our lawyers are experienced, pay great attention to detail, and use a professional approach to help you win your case. In addition, they work tirelessly to get you the compensation you deserve, and there’s no fee unless you win. Call (412) 426-4878 to schedule a case review with an experienced personal injury attorney today.