When I hear this question, I usually rephrase it to – “will my case go to trial?” A 100% of the cases will go to court. The attorneys will attend hearings and conferences. I believe what most people want to know, is will a jury hear their case and will they have to go to court. The stats show that approximately 90% of personal injury claims settle before trial. A lawsuit may need to be filed but a majority of cases do settle.
In my experience, cases go to trial for three primary reasons:
The parties cannot come to an agreement regarding the facts of the accident and who is responsible for the accident. When this issue arises, a jury needs to hear the facts and decide who is responsible for the accident.
Dispute of the Value of the Injury
The parties cannot agree over the value of the injured person's claim. In these cases the injured person and their attorney believe the case is worth one amount and the insurance company and their attorney think the case is worth a different amount. Once the facts of your case are developed fully your attorney will be able to sit down with you and give you the an idea of whether your case will settle or whether it will have to go to trial.
Dispute over Causation
In these cases the injured person believes that the accident caused her injury, and the injury company doesn't believe the accident caused the injury. The insurance company may take the position that the accident was not severe enough to cause the injury or the person's injury is related to an underlying medical condition or prior injury and not the accident.
In legal terms these three areas of dispute are liability, causation or damages.
If you have any questions about an Indiana personal injury matter or whether your case will have to go to trial, give us a call at (219) 874-4878.