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personal injury claim

Will My Person Injury Case Go to Trial?

When you file a personal injury case, many things have to happen before you get to trial. Discovery, witness interviews, and negotiations with the other side come into play. Most cases settle without ever getting to a trial. Even so, preparing as though you will have a trial is almost always the right approach. Work with experienced counsel who are willing to put your best case forward–whether you get to trial or not.

Most Cases Settle

The process of getting to trial takes months. Along the way, you will get settlement offers from the other side. The first of these tend to be low, designed to make you go away without the other person–or usually his or her insurance company–having to pay what the case is really worth. As trial gets closer and more facts come out, though, the damages you have incurred become clearer. For serious injuries, this should help you get to a fairer settlement offer.

Trial Risks for Both Sides

There are reasons for both you and the other party not to want a trial. If you get a fair offer and reject it, a jury may not award as much at trial. For the other side, a trial costs significant legal fees, and there is a risk of a huge verdict against the insurance company. In the meantime, all the time from filing a lawsuit to getting to trial may cost you more in terms of the ability to recover, and the other side in terms of accumulating damages.

Always Prepare for Trial

Even though most cases settle, you should always prepare as though it won’t. Your attorney should interview witnesses and conduct discovery in a way that shows you are preparing to win in the courtroom. This both helps you develop evidence and shows the other side you are serious.

Whether your case settles or goes to court, you need strong, experienced counsel to get the best damages award. If you have been injured in the Madison, Wisconsin area due to someone else’s negligence, contact Eisenberg Law Offices online or at 608-256-8356.