When you file a personal injury case after an accident, the goal is to get compensation for your damages. Most cases are resolved through settlements where both parties agree on a payment without court involvement. However, if negotiations fail, your case may proceed to trial, and this process can make a big difference to how your claim goes in terms of costs, how long it takes, but also in potential rewards. It’s always important to talk with an attorney before you take a personal injury case all the way to trial here in Salt Lake City, UT. An attorney will be able to give you the best advice about what to do.
When a Trial Might Be Necessary
A trial typically becomes necessary because settlement talks break down. This often happens because the insurance company representing the party who injured you either refuses to accept responsibility or so disputes the extent of your damages that they are not willing to give you anything like a fair settlement. This might happen if they’re trying to argue that your injuries are not related to the accident at all or that you are also to blame for the accident. Your lawyer will try to negotiate, but if the insurance company simply won’t offer a fair settlement, your lawyer may recommend going to trial so you can get a fair outcome. Trials are rare, but they do happen, and they are important because sometimes justice demands it.
How a Trial Will Affect Your Case
The Time Commitment
One thing a trial is going to do is extend the timeline of your case. Settlements can usually be concluded in just a few months, but if you go to trial, you should expect the case to take a year or more. This is because your lawyer will need plenty of time to prepare extensively. Both your lawyer and the lawyer for the other side will get expert witnesses, collect evidence, exchange evidence, and file legal documents. There may be pre-trial hearings. You may also be asked to give a deposition. This is where you answer questions under oath, and while it can be less stressful to do a deposition than to give testimony in the courtroom, it’s just as essential that you be prepared and answer carefully.
Your lawyer will coach you on all this, but essentially, what it all means is that the many obligations of going to trial can be a big disruption to daily routine. This prolonged weight of uncertainty can also be frustrating, but it’s important to remember that preparation is crucial if you want to win the case. If your lawyer has recommended that you take the case to trial, then it’s likely your lawyer believes there’s a strong chance you’re going to get a much bigger settlement at trial than you could through negotiations.
Financial Implications
Financially, a successful trial usually results in higher compensation awards. At the same time, if you lose, you could end up with much less. Again, you should trust the experience of your attorney here. If your attorney doesn’t believe you have a good chance of winning, they will not suggest that you take your case to trial. If you have a long-term disability and big estimated future medical costs, often a trial is a good way to make sure you get everything you need.
But it’s also important to remember that trials can cost more, too. There are court fees, there may be expert witness payments that have to be made, and there can be other filing and legal costs that can pile up fairly quickly. Your lawyer will work on a contingency basis so that they only get paid if you win, but there are still costs that come with going to trial that have nothing to do with paying your lawyer’s fee. Something else to bear mind is that if the behavior of the insurance company has been particularly egregious, the judge may require them to pay your legal fees and other costs.
Emotional and Psychological Impact
Going to trial is just always going to be more emotionally and psychologically taxing then figuring everything out through negotiations. You’ll have to revisit the accident and it’s consequences in a public courtroom and may have to testify in detail about how the injury has changed your life. This may mean having to talk about your physical pain and mental distress, and this can feel deeply personal and exposing.
Then you have to deal with the opposing side lawyer, who will ask probing questions trying to weaken your credibility and challenge your account. There can be a lot of stress and anxiety involved in going to court. One of the things your lawyer will do for you is guide you through the preparation process so that you’re more confident as you head to trial. And again, while the emotional strain is real, getting fair compensation may make it all worth it.
Publicity
Settlements are confidential agreements, but trials are public proceedings. This means that the details of your case, including medical records, financial losses, and your personal struggles that are informing your claims for pain and suffering or mental anguish damages, become part of the court record and may be accessible to others. Courtrooms are also open to the public, so that means strangers could potentially observe the proceedings. This lack of privacy can feel unsettling, especially if your injury involves sensitive issues like mental health or permanent disability. Your legal team will work to minimize all unnecessary disclosures, but the public nature of trials is an unavoidable aspect of the process that it’s important to think about in advance.
Uncertainty
A defining feature of going to trial is the uncertainty of the result. In a settlement, you know exactly how much money you’ll receive and when. At trial, the outcome will ultimately depend on the judge or jury’s interpretation of the evidence. If they find the defendant liable and your damages both substantial and credible, you could receive an award that might be far higher than any prior settlement offers. However, there’s also the risk that you’ll get less than expected or nothing at all. This is the reality of working with people: people can be unpredictable, even when evidence seems clear and substantial.
But remember also that the same uncertainty applies to the other side. Sometimes the act of filing a lawsuit is enough to get them to come back with a higher settlement offer because they also do not want the possibility that a judge or jury will force them to pay an even higher amount than what you’re owed through punitive damages and requirements to cover court costs and legal fees.
A trial could have a big impact on your future and on your claim, and the best thing to do is to speak to a personal injury lawyer in Salt Lake City, UT as soon as possible. At RamRock Injury Lawyers, we have experience in settling, and we have experience in trial, and we offer for strong representation no matter what ends up being the right direction for your case.
Contact Our Experienced Personal Injury Lawyers Today
Whatever your situation, reach out to the experienced attorneys at RamRock Injury Law today for a free case evaluation. We proudly serve clients across Utah. Visit us at our Salt Lake City office:
RamRock Injury Law – Salt Lake City Office
5353 South 960 East Suite 200
Salt Lake City, Utah 84117
Phone: (866) 427-5167
