Posted on Monday, October 28th, 2024 at 5:11 pm    

Why Is My Personal Injury Case Going to Trial in Utah_ Image

While personal injury trials are rare in Utah, preparing for the possibility when you file a claim is vital. Finding out your Utah personal injury case is going to trial can still be jarring. If you’re wondering, “Why is my personal injury case going to trial,” you’ll find the answers you need below.

Will My Personal Injury Case Go to Trial?

It’s unlikely your personal injury case will go to trial. While hard data on this issue is difficult to find, research suggests only a fraction of personal injury cases go to court. An old Bureau of Justice Statistics study found that only 3 percent of these cases ended with a trial verdict. Considering the risk, time, and expense of taking a personal injury case to trial, these figures aren’t surprising.

Why Do So Few Personal Injury Cases Go to Trial?

Some of the reasons why Utah personal injury cases rarely go to trial include:

  • Settlements Save Time and Money: Trials can take months or years to resolve, while settlements often provide quicker compensation and lower legal expenses.

  • Trials Have Uncertain Outcomes: Settling avoids the unpredictability of a jury’s decision, which might result in less compensation or no award.

  • Insurance Companies Prefer to Settle: Insurers often offer reasonable settlements to minimize costs and avoid the risk of a large jury verdict.

  • Strong Evidence Encourages Settlements: Clear evidence of liability and damages motivates defendants to settle rather than risk a trial with an unfavorable outcome.

  • Trials Take an Emotional Toll: Trials can be emotionally exhausting, and many plaintiffs prefer to avoid reliving their experiences in a courtroom setting.

  • Settlements Are Confidential: Settlements keep case details private, while trials become part of the public record, which some parties wish to avoid.

  • Going to Trial Costs Money: Trials are expensive, and both parties often prefer to settle rather than face the financial burden of prolonged litigation.

  • Courts Encourage Settlements: Courts often encourage settlements to reduce caseloads and avoid the time-intensive process of a trial.

Benefits of Taking a Personal Injury Case to Trial

Taking your personal injury case to trial can have several advantages, especially if a fair settlement isn’t possible. At trial, a jury has the opportunity to hear your full story and understand the accident’s impact on your life. This can lead to a higher compensation award, particularly if the defendant’s actions were egregious or the insurance company undervalued your personal injury claim.

Trials also allow for greater transparency and accountability than settlement. You present your evidence openly in court, and the judge helps ensure the legal process is followed. Additionally, a trial may provide a chance to pursue punitive damages if the at-fault party acted recklessly or intentionally. Since punitive damages are unavailable in settlements, a trial provides an opportunity to significantly increase your compensation.

Finally, a personal injury trial can set a precedent for others who’ve suffered injuries in similar circumstances. This can be important in cases where a person or organization’s actions have caused widespread harm. Similarly, some plaintiffs want a chance of a public reckoning for whoever injured them, which a trial can provide.

Factors That Make a Personal Injury Trial More Likely

Why Is My Personal Injury Case Going to Trial in Utah_ Image 2Certain factors increase the likelihood of a personal injury case proceeding to trial rather than being resolved through settlement. For example, matters of “I said, they said” might require actual litigation to resolve. If the at-fault party denies responsibility, a trial may become necessary to determine fault. Similarly, conflicting evidence can lead to a courtroom battle as both sides present contradictory accounts.

Furthermore, simple matters of economic reality sometimes lead to a trial. For example, severe or complex injuries involving substantial damages or complicated medical evidence may demand a trial to fully evaluate compensation and liability. Or, if there are high stakes for the defendant, such as significant financial liability, the defendant may prefer to take their chances in court rather than settle.

Emotions can also affect whether a case will proceed to trial. A plaintiff’s desire for public accountability or acknowledgment of wrongdoing can push the case into court instead of settling privately.

Procedural or negotiation challenges can also drive a case to trial. Uncooperative insurance companies that refuse to offer fair settlements or acknowledge claims often leave plaintiffs no choice but to pursue resolution through litigation. Policy or legal disputes, such as disagreements over coverage limits, are another frequent cause of trials. Cases with multiple parties involved, such as those with numerous defendants or complex liability issues, also tend to require court intervention for a thorough and fair resolution.

Finally, plaintiffs seeking punitive damages for reckless or intentional misconduct also often require a trial to secure the full amount of damages they feel they’re entitled to.

How Long Does a Personal Injury Trial Take?

Due to the legal challenges involved, personal injury trials often take months or years to resolve. Both sides must exchange and review evidence, and either side might file complex motions before the actual trial starts. Depending on the case, it can also take several weeks to present all the evidence to a judge or jury. A judge might also order both sides to go through mediation, further prolonging the legal process. Finally, an appeal by the losing side can add more months or years to the case’s timeline.

Given how long a personal injury trial can take, is it worth it? Depending on the circumstances, it could well be. Talk to your lawyer and ensure you understand what’s involved before taking your case to court.

Contact Our Experienced Personal Injury Trial Lawyers Today

The experienced personal injury lawyers at London Harker Injury Law have extensive trial experience and can guide you through the legal process. We’ll handle all the legal work for you, from filing motions and reviewing evidence to presenting arguments before a judge or jury. We know the strategies defendants and their insurance companies use in these cases and how to effectively counter them. We’ll also keep you informed throughout the case so you always know what’s happening. Our attorneys have the legal knowledge and proven record of success to help you with your case. Call 77CARCRASH now or reach out online for a free case evaluation.

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