Personal Injury Trial – Will My Case Go To Trial?
My name is Lee Pearlman, and I’m a partner and Tampa injury attorney at the law firm of Denmon Pearlman. In this video, I am going to talking about personal injury trial and answer the question of, “will my personal injury case go to trial?
I’m answering this question in the context of general personal injury (law) — so (this) could be a car accident, a slip and fall circumstance, any sort of civil negligence whatsoever.
The Beginning Stages Of Your Case
It’s very hard to tell initially if (a) case will enter into litigation and move all the way to (the) trial stage.
Very few cases actually end up going to trial in the civil negligence realm, and the reason for that is there’s generally a lot at stake.
There’s a lot of factors that control what direction it takes and if a personal injury trial is worth it, because there are remedies in place that are designed to minimize or prevent litigation from going to that point.
What does that mean? What it means is initially when somebody is injured [at the beginning of a case], until we can get medical treatment underway, until we can see what the maximum medical improvement or recovery will be, (the situation is) unclear.
Coming To A Resolution
Once we know (the situation) and we know what the damages are and the pain and suffering that we believe are associated with the case, all of those things will come into play and we will ask (the other side’s insurance attorney) for what we think is a fair value on the case.
If there’s an insurance policy or a company that has assets or an individual that has assets, then all those things become relevant, and we try to come to a resolution that both sides can agree to.
When There Is No Resolution
If that isn’t possible, then we move forward into litigation.
For example, if we think the value of a case is $100,000, and the other side thinks the value of a case is $50,000, well, clearly that’s a large divide and we will push into litigation and likely move forward with a personal injury trial.
Proposal For Settlements
There are devices called proposal for settlements. These are really important. They come into play in litigation because each side will do something called a proposal for settlement, where we say we think the value of a case is X.
In this case, we are saying the value of the case is $100,000, and we will only take $100,000, and this is our formal offer. The other side would then do a proposal for a settlement of $50,000.
If you go to jury, and depending on the outcome, what the jury would or would not award you, if they were to award you something within a percentage range of the $100,000, not only would we get the value the jury awarded, we’d also get attorney’s fees from the other side.
The flip side to that coin is if the other side is right, and they get a verdict within a certain percentage of $50,000. We would be on the hook for their attorney’s fees, and that can be a lot of money, and that can shift the dynamic.
So that’s just one instrument in play that is designed to limit and minimize litigation from actually moving forward to trial.
Personal Injury Trial Is Unlikely
All these things are very important, but my main issue, the main point I want to make to you, is there is a very low percentage for (going into) a personal injury trial. It’s not something that occurs in many cases, quite frankly, in regards to negligence, personal injury, car accidents, things of that nature.
So, would it go to trial? It’s absolutely a possibility.
Is it likely? Not so much.
But again, the facts and circumstances of your particular case make all the difference in the world, so speak with an injury attorney at Denmon Pearlman.
We’d be happy to discuss the situation, go over the facts, circumstances, and uniqueness of the issues you’re facing, and give you a better idea of exactly what we think might happen.
Questions? Contact Us
If you have any questions regarding your personal injury case, please don’t hesitate to reach out to us. Our team will be glad to help.
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