Personal injury lawsuits are an effective way to secure compensation for your injuries if someone negligently caused you pain and hardship. Whether it was a driver, employer, or dog whose owner wasn’t paying attention, you don’t deserve to suffer because of someone else’s actions without compensation. However, some people are rightfully worried that their case isn’t strong enough to win at trial, and the effort of suing isn’t worth their time. While we can’t guarantee victory, we can guarantee our team of experienced attorneys will look at your case and fight for the best outcome. In most cases, this doesn’t involve a lengthy court battle, and your case may be much smoother and faster than you currently imagine.

Evaluating the Decision to Go to Trial

Despite what some members of the public may believe, personal injury attorneys do not spend much of their time arguing before judges and juries in a courtroom. Your case going to trial may never happen, as most personal injury cases settle out of court. As the plaintiff and injured party, you have decision-making powers regarding when and why to accept a compensation settlement. However, you shouldn’t necessarily want your day in court without a good reason.

Reasons to Go to Trial:

Maximizing Compensation: Trials can yield higher compensation than settlements if the jury sympathizes with the extent of your injuries and the impact on your life.
Making a Statement: Some plaintiffs opt for a trial to hold the defendant publicly accountable, especially in cases involving gross negligence or misconduct. During settlements, it’s common for both parties to quietly end the issue without making lengthy, detailed public statements.
Disputed Claims: When the parties starkly disagree on the facts or the law, a trial becomes necessary to resolve these disputes under legal scrutiny.

Risks of Going to Trial:

Uncertainty: The unpredictability of jury decisions is an ever-present gamble. Unlike settlements, which provide a guaranteed outcome, trial verdicts can vary widely and potentially result in limited compensation.
Cost: Going to trial is often more expensive than settling for a fair amount. Legal fees and court costs accumulate quickly in prolonged, complex cases, potentially cutting into your compensation based on your legal agreement.
Time: Trials can extend for months or even years, delaying the resolution of the case and the receipt of any awarded damages. If you need help now, resources are available, but it may not be enough to cover all your injuries and debts.
Emotional Stress: The intensity of a public trial can be emotionally taxing for plaintiffs who must endure their personal details and grievances being aired openly.

You can’t lose at trial if you don’t go to trial. For many, that is reason enough to seek an end to the issue out of court through a settlement. Settlements don’t mean you settle for less than your case is worth. Most of the time, strong cases brought by experienced, respected firms like Probinsky & Cole are settled in a way that provides clients with all they need to restart their lives.

Post-Trial Options: What To Do If You Lose

Losing a trial can be a disheartening experience, but it does not necessarily mark the end of legal recourse. Personal injury attorneys don’t charge clients up front, working off a contingency fee. Meaning that when you get paid, they get paid. As such, going to trial when the risks of losing are high is not in anyone’s best interest. If you are worried about losing at trial, remember that your attorneys can provide clear guidance about what to do when they sit down with you and learn about your case. However, there is no harm in learning about what comes next should your case not succeed.

After a loss at trial, the next step is often to consider an appeal. Your attorneys will look for appeal avenues based on potential legal errors, procedural mistakes, or issues with applying the law. With only a few months to appeal in most cases, this is a time-sensitive, all-hands-on-deck effort.

As we mentioned, very few personal injury cases end up in court – around 3% by current estimates. Understandably, fewer cases end up at the appeals stage after a loss in court. It’s a possibility but not something the average person should worry about at the beginning of their lawsuit.

Whatever concerns you may have, the team at Probinsky & Cole can put your mind at ease and answer your lingering questions. No one should be discouraged from fighting for compensation because they fear losing. While no case is guaranteed, we can provide you with our initial estimation of your case’s strength when we learn more during your initial consultation. Contact us today to speak to our team and get started.