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Why Is My Personal Injury Case Going To Trial?

Colorado Springs Personal Injury Attorneys Can Help You Through The Trial Process

According to the Centers for Disease Control and Prevention (CDC), “More than 14,800 people died from prescription opioid overdoses, and more than 33,700 people died in motor vehicle crashes.” Tragic accidents happen every day, and when injuries are sustained as a result, you may consider filing a personal injury claim that could require a trial to take place.

“Will my case go to trial?” is a question personal injury clients tend to ask. Whether it’s a dog bite injury, automobile accident, or premises liability case, this particular question has been asked countless times.

In most cases, injury claims will settle before reaching the courtroom. However, if your case is particularly complex or has difficulty settling, it may require a trial to sort out the details and bring your case to a close.

If you or a loved one has suffered injuries due to someone else’s negligence, you need a Colorado Springs personal injury attorney from Heuser & Heuser to help you with your civil lawsuit. We know the legal system and the state laws surrounding injury cases and are prepared to assist you throughout the duration of your case.

The Difference Between a Trial and a Settlement

After an injury, a victim can collect compensation for any damages and injuries they may have suffered due to someone else’s negligence.

A settlement takes place when the defendant’s insurer and the plaintiff have agreed upon an amount for compensation.

A key thing to remember is that a settlement offer can be made after your case has gone to trial, before the lawsuit is filed, or even while the jury is deliberating over the case.

Civil lawsuits can result in the plaintiff receiving more money, but it’s riskier and more stressful for both the defendant and the plaintiff. That is why a settlement is more likely to be reached before a trial becomes necessary.

Why Do Most Personal Injury Cases Settle?

Most insurance companies want to settle a case before reaching court for multiple reasons. One of the main reasons is money. The insurance company is a business whose main goal is to make a profit.

Insurance companies are aware of how expensive legal fees can be. If they go to court, they can’t control the final outcome and the amount they will have to pay. If they are able to settle, they will have more room to negotiate their payout, whereas, in a courtroom, the jury would have control over the amount they would have to pay.

How Does a Plaintiff Benefit from a Settlement?

A settlement can be beneficial to the plaintiff because it can shorten the time they have to wait for financial compensation compared to trial cases that can take years to reach a verdict.

If your injury case is going to trial, you need one of our attorneys to stand beside you and ensure your case is accurately presented.

Our firm handles cases involving injuries, and we have the skills and resources to help you fight for the compensation you deserve.

Preparing To Go To Trial

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Listed below are suggestions to help you prepare in the event that your case goes to trial:

Privacy is Diminished in Court

Settlements are more private because fewer people are involved, however, your information will be openly discussed in front of a judge and jury if your case goes to trial.

Prepare to Be Followed

In some cases, insurance companies will hire a private investigator. The private investigator may videotape you and follow you around to confirm if your testimony and the doctor’s orders are accurate. If what the investigator captures on tape does not line up with your statement, it could drastically impact your case. In some instances, people lie about the seriousness of their injuries. If the investigator’s videotape proves you testified falsely, it can result in lower compensation or none at all.

The Process May Be Confusing

There are a wide variety of components that make up an injury case, and it can be confusing. Negotiations, deadlines, and hearings can be a lot to take in, but our Colorado Springs personal injury attorneys can help you better understand the process.

Communicate with Your Lawyer

It’s easy to back away from your case when you don’t understand what is taking place. If you’re confused during any part of the process, you should always ask questions. Our accident attorneys are willing to answer any questions you may have but if you don’t communicate with us, we won’t know how to help you. Communication with your attorney is an important key to successful injury cases.

The Disadvantages of Going to Trial

  • It’s Risky- Going to trial can be a major risk because you could receive less compensation for your injuries if the jurors find you partly at fault for the accident, they conclude your injuries are not serious, or they don’t believe your testimony.
  • It’s Expensive- Trials are more expensive due to various expenses such as filing fees and administrative fees, which can add up quickly.
  • It’s Time Consuming- Trials can be lengthy and can cause financial hardship when medical bills are adding up and you’re waiting to receive compensation to cover your expenses.

Are There Alternatives to Trial?

Between your lawyer and the defendant’s legal representation, sometimes it can be challenging to agree upon a personal injury settlement. Thankfully, there are some alternatives to help you avoid an expensive and time-consuming trial such as:

  • Mediation- This involves a third-party, known as a mediator, and is meant to help both parties reach an agreement.
  • Arbitration- This is a third-party that remains neutral, known as an arbitrator, that decides how the case should be solved.

Types of Compensation Awarded

Compensation is meant to help a victim with their road to recovery by covering expenses for injuries and damages they’ve suffered. Although there are a variety of compensatory damages, each can be categorized into two sections: general and special damages.  

Special Damages

Special damages are intended to cover monetary expenses that can include:

  • Medical bills
  • Loss of earnings
  • Household expenses
  • Cost of future medical expenses

General Damages

General damages are meant to compensate non-monetary damages including:

Wrongful Death

This particular type of compensation is awarded to aid loved ones after the death of their family member. Damages can include:

  • Loss of financial contribution
  • Funeral and burial expenses
  • Loss of companionship
  • Emotional distress
  • Expenses of medical care before death occurred

Contact an Attorney Who Has Experience in the Courtroom

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We know how frightful and overwhelming it can be to have your case go to trial.  At Heuser & Heuser, our years of experience representing lawsuits in court has equipped us to handle future cases with confidence. Our trial lawyers strive to help you or a loved one recover the compensation you deserve. Whether it’s a motorcycle accident, auto accident, or a catastrophic injury, we can help.

Call our law firm today at (719) 520-9909 or fill out our free consultation form.

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