It is difficult to say whether your personal injury case will go to trial at this time. There are many factors that will be taken into account when determining whether it is in your best interest to bring your case to trial. In some cases, you may not need to go to court to get the most out of your claim. It is important to keep your options open every step of the process if you hope to maximize your personal injury payout.
Otherwise, you could miss out on compensation you would have otherwise been entitled to. Here is more about when your personal injury case should go to trial, when it might not need to go to trial, and what to expect if your case does go to court.
Your Personal Injury Case Could Settle Without a Trial
In some circumstances, you will not need to bring your personal injury case to trial. Your catastrophic injury lawyer may not find it necessary to bring your case to court if the at-fault party is willing to settle beforehand. This may happen if the defendant recognizes that they could be ordered to pay considerably more in damages if your case goes to trial.
You may also be able to avoid going to court if the insurance company is willing to compensate you for the full value of your damages. You will be dealing with the liable party’s insurer since California follows fault insurance laws under California Insurance Code – INS § 11580.1. This means your compensation is based on how much coverage the liable party has purchased. If they do not have enough coverage, the insurance company will only pay out up to the highest limits of their policy terms. This means you may have an excess of damages the insurance company does not pay for.
When Your Personal Injury Case Might Go To Trial
There are several circumstances in which your personal injury case may need to move forward with a trial. First, if the liable party does not have any insurance coverage in place, or their insurance coverage is ill-equipped to cover the full value of your losses, a trial may be your best opportunity to recoup every loss. Keep in mind that insurance settlements do not typically offer compensation for any non-economic damages as outlined by California Civil Code 1431.2, so even if you do receive a settlement from the insurance company, it is unlikely to include compensation for non-economic losses.
Your case may also go to trial if the insurance company pushes back on your claim or the liable party refuses to compensate you out of their own pocket. It is more common than you might think for insurance companies to refuse to pay out on claims. After all, they lose money every time they settle a claim. However, we are not going to back down without a fight. If your case is better served by bringing it to trial, our team is not afraid to advocate for your rights before a judge and a jury.
What to Expect During A Personal Injury Trial
If your personal injury case does go to trial, it is important to prepare accordingly. Your serious injury lawyer will be responsible for making an opening statement and presenting the evidence obtained in the course of the investigation. For example, they might present photos of your injuries, video footage of the accident, and even testimony from responding officers and witnesses to the accident.
The defendant will have an opportunity to refute your case and attempt to avoid culpability. Once both parties have presented their case, the jury will retire to deliberate. If the jury makes a decision in your favor, they will find the defendant liable for your damages and order them to compensate you accordingly.