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Will My Personal Injury Case Go to Trial?

Personal injury cases are one of the key cases that get disputed over more than others. These disputes arise when the defendant and/or their insurance providers try to downplay the extent of the victim’s injuries or wound; so that they can pay a little amount of money or nothing for medical expenses.

While some personal injury claims are settled fast as soon as the plaintiff’s attorney gets in contact with the defendant and their insurance provider, there are some that get unresolved due to irreconcilable financial agreement differences or other reasons.

And when the defendant and the plaintiff find it hard to resolve personal injury claims amicably, formal legal steps are taken and a formal personal injury lawsuit is then filed against the defendant.

When a personal injury lawsuit is filed and the complaints served to the defendants, this is where the ball is set rolling on the case.

What Happens After a Personal Injury Lawsuit is Served?

As a plaintiff, when you file your personal injury lawsuit and it gets to court, you and your attorney would be required to present documents and evidence that proves that indeed you were a victim of personal injury and that the defendant owes you for the damages (either health, property, or financial) incurred during or as a result of the accident.

When the evidence and documents are presented before a judge (there are times when you might have to bring in witnesses), two things are bound to happen.

It is either the defendant realizes or agrees to what the plaintiff is accusing him of. And when this happens, both attorneys (that of defendant and plaintiff) will decide to either settle (deciding the way forward between themselves) or mediate (inviting a third partner to help them decide where to go from there).

If this negotiation or mediation doesn’t work, the second side of the coin for you as a plaintiff is for your personal injury case to be sent to trial.

So, most times if both attorneys find common ground and can reach an amicable settlement before a personal injury lawsuit is filed, then there is no reason to proceed to formal legal processes. But if both parties can’t settle out of court amicably, then the next step is to file a lawsuit.

Even at the stage of the court proceedings, there is still a window for the attorneys to settle or mediate at the end of the discovery phase period.

But once both parties still can’t reach a consensus after the discovery phase period, then the next stage is taking the personal injury case to trial.