Yes, any time you file a personal injury claim, you have a chance of going to trial in the county civil court where you filed your suit. Whether your personal injury case will be presented to a jury depends on a few factors, including the willingness of the defendant to negotiate a fair settlement out of court and your own Denver personal injury attorney’s recommendations.
In some situations, plaintiffs may achieve a better outcome by negotiating a settlement out of court with the opposing party, while in other situations, taking the claim to trial is the most effective way to secure maximum compensation.
Will your case go to trial? It depends on a few key factors.
Is fault disputed in your claim?
Most personal injury lawsuits begin with the plaintiff’s attorney sending a Demand Letter to the defendant, stating how the defendant’s negligence harmed the plaintiff, the extent of the plaintiff’s damages, and a specific amount of compensation requested. If the facts of the case are clear, the case may be resolved with the defendant agreeing to the terms of the demand letter and writing a check to the plaintiff.
In other cases, the defendant may admit fault if the facts are clear but dispute the amount of compensation. In such situations, the attorneys representing both parties may negotiate a settlement acceptable to both.
The third option, and one that’s most likely if the facts are disputed or the defendant’s liability is tenuous (common in third-party lawsuits), is to contest fault and take the matter to court.
Do the issues in your personal injury case become clearer during the discovery phase?
If the plaintiff’s initial demand for compensation is rejected, the case progresses to trial, and both sides are required to complete discovery. Discovery is the exchange of information between the two sides, including evidence that each party has (videos, witness statements, medical records). Part of the discovery process also includes deposing witnesses. For example, in cases involving medical malpractice, your lawyer may depose the HR director of the hospital where the at-fault doctor worked to determine if the physician has a track record of similar complaints.
Often, the issues in a personal injury case become clearer during discovery. If the defendant’s lawyer realizes that the plaintiff’s case is stronger than initially thought, they may be more willing to settle the case before trial. Or, perhaps the defendant realizes that the plaintiff’s case would be especially damaging to their reputation if the matter were to go to trial and become a matter of public record. Settlement agreements are confidential, but anything presented at trial becomes a matter of public record.
Does your lawyer think you’ll get punitive damages?
If the defendant’s actions are especially egregious, your attorney may believe you are eligible for punitive, or punishing, damages. You won’t get punitive damages by settling out of court. Instead, they’re awarded at trial if the jury believes that the defendant should be punished for their gross negligence. If your legal team believes that punitive damages are warranted, they may refuse to settle the case and instead recommend going to trial.
There is a risk in taking your case to trial. If you win, you’ll likely receive more than you would have in a settlement, but there’s always a chance you’ll walk away with nothing. An experienced personal injury lawyer can recommend the right course of action to pursue full compensation.
Get personal injury guidance at Zara Injury Law
Deciding whether to settle or go to trial can be one of the most important decisions in a personal injury case. Each path has its pros and cons, and the right choice depends on your unique situation.
While most personal injury claims settle out of court, some cases deserve their day in front of a jury, especially when punitive damages are on the table or liability is in dispute. An experienced personal injury attorney can help you understand what’s at stake and guide you toward the best outcome.
Have you been injured due to another party’s negligence? Our personal injury attorney can help you pursue compensation. Please call Zara Injury Law at (866) 823-8288 for a free consultation.