What If My Personal Injury Claim Goes to Court?

A personal injury trial is definitely the exception, not the rule. As we have stated before, generally 90% of personal injury cases settle outside of court and our clients never even see a judge. Still, some cases simply cannot settle because each side remains too far apart. What happens if your case is one of these?

At Groth & Associates, we have appeared before many judges and juries. We can shepherd your case through litigation and fight for compensation. Below, we summarize some of the most important aspects of personal injury trials.

You Will Probably Testify

Many people are nervous about testifying in open court. We don’t blame them. However, our legal team wants you to know that we will properly prepare you for your day in court.

In most personal injury cases, you will need to testify about the following:

  • Your version of how the accident happened.
  • What you were doing in the moments leading up to your accident, e.g., turning the music dial or looking at your phone.
  • The severity of your injuries.
  • The pain and emotional distress you experience.
  • Any statements you heard the other side make, such as the driver who hit you apologizing to you.

With our preparation, you will know ahead of time what to expect when you get up on the witness stand. Some lawyers are aggressive questioners, but there is nothing to be afraid of.

A Jury Will Decide Liability

Most personal injury trials have a jury. It’s possible to have a bench trial, where the judge acts as the fact finder, but that’s rare. A jury will hear evidence and decide who is liable for the accident. A jury can also allocate fault between multiple parties.

The jury will also assign a dollar amount to your losses. Sometimes they are unpredictable. It’s a myth that jurors always show favor to the plaintiff. Some juries undervalue our client’s pain and suffering and don’t award nearly enough. But this is a risk you take by going to trial—that a jury won’t come back with a favorable verdict.

Your Case Can Still Settle

Cases can settle at any time. We have sometimes received generous settlement offers the morning of trial or after the jury withdraws to deliberate. As your personal injury lawyer, we always keep lines of communication open with opposing counsel. If they decide to offer fair compensation, we certainly discuss it with our client.

Cases Might End Up on Appeal

A trial actually doesn’t end a personal injury case. The losing side can usually appeal to a higher court. Typically, they argue the judge made a wrong legal ruling or that there was no evidence to support the verdict. In some cases, both sides bring appeals because they are unhappy with the result below.

A case might take years before it is final. However, we can sometimes force the defendant to pay you compensation as the case works its way on appeal. And, in some cases, there is no appeal—the defendant just pays up.

Call Our Experienced Personal Injury Trial Lawyers Today

When searching for an attorney, always remember to ask about trial experience. Groth Law is proud of our results in the courtroom, and we will do everything possible to get you the compensation you need. Contact us to learn more.