Will My Personal Injury Case Go to Trial in California?

When you have endured an injury caused by the negligent actions of another person, it can be devastating. Not only could the injury have been avoided with greater care, but your life may be forever changed as a result of this incident. As such, fighting for the compensation you deserve is critical. However, one concern many have when pursuing a claim for the damages is whether the case will proceed to trial. If this reflects your hesitations, the following blog explores what you should know about these matters and the importance of working with our Irvine personal injury lawyers to explore your legal options.

What Factors Determine if My Personal Injury Case Will Likely Go to Trial?

It is important to note that the vast majority of personal injury cases reach a settlement outside of court. In fact, this is generally preferred for most as a court battle can be time-consuming, expensive, and stressful. However, not all cases can reach a settlement, so preparing early on will make the transition from pre-litigation to litigation less daunting.

One of the more common reasons a personal injury case goes to trial is due to disputed liability. While most accidents may seem straightforward, determining who is liable can sometimes be incredibly difficult and will require extensive discovery and investigating. In some instances, even when it is clear the negligent party is to blame, they may claim that you contributed to the accident in some way. The primary goal of this is to reduce your overall compensation or for the defendant to avoid liability altogether.

Additionally, the severity of your injuries and the amount of damages can also result in your case going to trial. In many instances, you will find that when injuries are catastrophic or leave someone permanently impaired, determining the total amount of losses can be incredibly difficult. As such, going in front of the court and arguing your case may help determine these issues.

What Can I Expect if My Case Goes to Court?

In the event that you cannot reach a settlement pre-litigation, your case may need to be filed in court (thus initiating the litigation process).

First, after your case is filed with the court, the next step is the discovery process, which involves an exchange of information and documents with the other party. This exchange will help you learn more about your case and assist in developing legal strategy.

Next, throughout the discovery process, the parties may attempt to settle as they acquire additional information regarding the case.

Then, if the parties are still unable to reach a settlement, trial will be scheduled. However, trial may not begin immediately as the court will hear pre-trial motions before selecting a jury. Once your trial begins, the attorneys for each side will present arguments and evidence to help support their case. Witnesses may be called, and you may need to testify in front of the court. After the trial is over and the jury has delivered the verdict, your case may conclude. However, you should note that both sides may appeal the verdict to a higher court if they believe an error occurred that improperly impacted the outcome of the case.

When you are injured, navigating a complicated court battle can be an incredibly overwhelming process, especially while trying to heal from the injuries sustained, which is why it is imperative to discuss your legal options with an experienced attorney with California Personal Injury Law Firm, APC. Our team understands how difficult these matters can be, which is why our firm is committed to fighting for the best possible outcome for your circumstances.