The personal injury claims process may seem overwhelming, but it doesn’t have to be. At Brotherly Law, we work hard to negotiate with the defendant’s insurance company or attorneys in order to recover a meaningful settlement for you. The purpose is for you to receive money as soon as possible so you can pay the bills.
Nonetheless, there are times when a settlement can’t be reached because the amount is too low. This places you in a position where you have a choice to make and that’s whether or not to go to trial. Your attorney will review the realities of going to trial, including the costs. This will result in you doing one of two things: accepting the settlement that the insurance company has offered or going on to trial.
A judge or jury examines evidence to decide if the defendant should be legally liable for the damages the plaintiff has sustained in an accident allegedly caused by the defendant. The trial gives the plaintiff the opportunity to argue the case in hopes of obtaining a judgment against the defendant and a monetary award that covers all of the expenses sustained.
At the same time, the trial does give the defendant the opportunity to refute the plaintiff’s claim, and offer their own evidence in an attempt to cast doubt on the plaintiff’s case. Once both sides have presented their evidence, the judge or jury evaluates everything presented to them to determine liability. If they determine liability, then they will decide on the amount of monetary damages to be paid by the defendant.
There are some key elements to the trial process that your personal injury trial lawyer in Philadelphia will guide you through. Not only does the complaint have to be filed with the court so that a trial date can be established, but there are some key tasks that must take place:
There is also a point before trial in which witnesses, expert witnesses, doctors, and other individuals may need to be deposed. A deposition is the taking of testimony outside of the actual trial. If someone is deposed, they are doing so under oath just like they would be if they were on the stand in front of the court.
If a jury doesn’t feel that the plaintiff has a strong case, they may find the defendant not liable and that means they pay nothing. This is why it is best to try and settle before the case can ever go to trial. It is important to exhaust all settlement efforts before making this decision since the potential that a jury will rule against the plaintiff exists.
If the jury doesn’t find the defendant liable, the plaintiff will walk away with nothing. However, there is an appeals process that can be used. This does add to the cost of the entire lawsuit process, so you will need to discuss with your attorney whether or not appealing is in your best interest. If your case is strong and the jury has made a mistake, then it may be worth your while to continue pursuing compensation.
Sometimes personal injury cases go to trial because a meaningful settlement wasn’t offered by the defendant’s insurance company or attorney. It is your choice to not accept a settlement and go to trial. While this requires more time, Brotherly Law is there with you from start to finish, aggressively representing you so you can recover the compensation you need. To learn more about how we can help you, call us at (215) 545-8500 or contact us online to schedule a free consultation.
If you have been injured due to no fault of your own, you may be able to hold the responsible party accountable for the monetary damages resulting from the accident. Fill out the form below to request a free consultation so we can evaluate your case.