Will My Case Go To Trial?
Generally, you decide if you want your case to go to trial. However, most personal injury cases are settled out of court. There are several advantages to settlement and fewer advantages to going to trial.
Throughout the course of your case (which can take many years in some circumstances) you should talk to your lawyer about the status of the case and any settlements you are willing to offer or any settlements you may have received. Your lawyer has probably handled hundreds of personal injury cases and will likely give you advice as to how to proceed with any offers.
Going to court is always a risk. If your case is heard by a jury, they could decide that the defendant (the person or corporation you are suing) was not at fault and you are not eligible to receive any compensation for your losses. On the other hand, a jury could side with you and award you significantly more money than any settlement offer you had received.
Time is generally the determining factor when it comes to deciding on a settlement offer. Because personal injury cases take longer than most plaintiffs (you) assume, settlements provide a fast way to end the drawn out legal process. In addition, if you go to trial, you may find that the defendant will appeal the jury’s decision, therefore making the wait for compensation last longer.
Unless you are looking for the emotional satisfaction of testifying in court, you will probably find that a settlement offer will satisfy your financial losses.