What Happens If My Personal Injury Case Goes to Trial?

Personal injury cases are usually settled before needing to go to trial. A settlement is when a case is resolved, usually with financial compensation, on terms that are agreed upon by both parties outside of the court room. Anyone involved in a personal injury case deals with insurance companies first before going to trial. This is a way to filter the courts so that the legal system is not backed up by personal injury claims, and is a way control the result rather than gambling with a judge or jury.

However, sometimes personal injury lawyers decide that a case must go to trial, and for good reason. For example, if a client is dealing with an insurance company that refuses to pay a fair amount for damages, including pain and suffering, a personal injury attorney would want to argue this in a trial rather than settling for the amount of money the insurance company has decided you deserve.

It is important to contact a local personal injury attorney to see if your case is better off settling or going to trial. If your personal injury attorney thinks that the potential benefits of trial outweigh the practical and legal risks, and that you have a strong case against the other driver and their insurance company, your personal injury lawyer may suggest taking your case to trial. A personal injury lawyer like one of our team here at Dyal Jenkins can help you decide which option is best for your case and prepare you for trial if needed. But first. . .

What is a trial?

A courtroom trial is when two parties—the plaintiff and the defendant—present evidence to a judge or jury to prove that their side of a case is the truth.

A personal injury attorney that takes his or her client’s case to trial will help to determine whether or not the plaintiff’s damages are the liability of the defendant, or simply, if the defendant will need to financially pay for the plaintiff’s losses.  This can include evidence such as depositions of you and the other driver, deposition(s) of your treating doctor(s), medical records and bills, photographs, videos, and witness testimony.  Trials can be very expensive, consuming both time and money, to get completed; so, it is imperative that you speak with a seasoned litigation injury attorney about your case facts.

What can I expect from a trial?

Every case is different, but there are a set of components that all jury trials must have. These include: the jury, giving the opening statements, witness testimony and cross-examination, closing arguments, jury instruction, jury deliberation, and the verdict.

These phases are also part of personal injury trials. In a personal injury case, one’s personal injury attorney will be speaking on behalf of their client when speaking with the judge, jury, and witnesses unless they are called to the stand.

There are many ways a personal injury attorney could benefit his client by taking their personal injury case to trial. An experienced accident attorney will only recommend trial if he/she feels it is highly likely to get his or her client a larger compensation from the insurance company than if he/she were to accept the offer in a settlement negotiation.

Although taking a case to trial still poses a risk and it is time consuming, you always have the choice to consult a personal injury attorney to see if they think your case is worth your time, effort, and money to take to trial.

If you think you may have a case, then the first step is to contact a knowledgeable attorney.  The accident attorneys here at Dyal Jenkins are passionate about the integrity of our work. We will not waste time and money taking a personal injury case to trial if the case is not worth more than the settlement offer.  You will get our honest opinion of your case possibilities.

Our goal is to work for you, to ensure you the compensation you deserve.



For a free consultation in Atlanta and Elberton, GA

Make your first call the right call: Dyal Jenkins.

Atlanta Office: (404) 919-7297
Elberton Office: (706) 283-8240

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