Although most personal injury cases ultimately result in settlement outside of the courtroom, Fredericksburg, VA based personal injury attorney Edward L. Allen discusses how we determine whether or not a personal injury case will go to trial.
If you hire an attorney, will your personal injury case go to trial? The great majority of personal injury cases are settled out of court, but it is very difficult to predict from the beginning which ones will settle and which ones will go to trial.
The important thing is that every personal injury case that settles should do so based on a prediction of what would happen at trial.
Medical expenses and lost time
You probably have medical bills as a result of your injuries. You have lost time from work (from which you have not gotten a paycheck). Those financial losses are the kind of things that we can determine by the use of a calculator. What is most important in your case, however, are your losses as a result of the pain and inconvenience of your injuries.
The value of your case
One of the most difficult tasks for your lawyer is assigning a value to your case. That’s why it’s critically important to have an experienced trial attorney. If the insurance company is not treating you fairly and they’re not making you a settlement offer that you and your attorney believe is consistent with the injuries that you’ve experienced, it may be in your best interest to try your case in court.
In the courtroom
Going to trial can be a very intimidating process for those individuals who are not used to that, who have not been to the courtroom. The key is to have a lawyer with you who has experience, who knows what the inside of the courtroom looks like, who has been there many times before, who is very comfortable in that environment, and who can confidently lead and support you.
About the Author: Edward Allen is a personal injury attorney at Allen & Allen, where he serves as the managing partner of the Fredericksburg, VA office. He has more than 25 years of experience handling a variety of cases, including car accidents, truck accidents, traumatic brain injuries, and premises liability. He has been named a Virginia Super Lawyer since 2011 and has been listed in Best Lawyers of America since 2010.