Should I Take My Personal Injury Case To Trial?

Nigel Whitehead

Contributor

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Deciding whether to settle your Personal Injury case or go to trial is sometimes a difficult decision. Many factors unique to you and your case must be carefully considered before you decide whether or not you should settle without going to trial.

You and your lawyer should objectively examine the offer being made by the Defendant and the chances that you will obtain a more favorable result at trial. Examine the strenghts and weaknesses of your case. Research comparable verdicts in your jurisdiction. Your personal circumstances, including the financial and emotional costs of trial must also be considered.

An interesting new study looked at over 2000 cases and determined that in only 15% of the cases that went to trial did the Plaintiff recover more than the Defendant's offer AND the Defendant paid less than the Plaintiff's demand. That means in 85% of the examined case someone made an error in judgment!

Having tried many case over my career I can offer this advice: The more ready and able you are to take your case to the jury - the more likely it is that the Defendant will make a reasonable offer. The best way to make the right decision is to hire a lawyer with the skill, resources and nerve to take your case to a jury.