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Preparing as if your personal injury case is headed to trial is vital. It shows the other parties and their insurance companies that you are serious about protecting your rights. However, it’s wrong to think a long court case is always necessary to pursue compensation after an accident in Connecticut.
Most personal injury claims end in settlements before a trial. Even when trials happen, the parties may still agree to resolve the matter through a settlement. Here’s some information on Connecticut personal injury trials and what factors make a case more or less likely to proceed to trial.
Why Are Most Personal Injury Cases Likely to Settle?
Most personal injury cases settle before trial because settlements can benefit the injured party and the at-fault party (and their insurance company). For one thing, settling a case provides a guaranteed outcome without the uncertainty of a judge’s or jury’s decision. Trials can be unpredictable. Even strong cases come with the risk of losing.
Settlements also save time and money for everyone. Going to trial could lead to months, or even years, of delays. Legal fees and investigation expenses could also add up. Both sides want to avoid financial burdens.
Settling can also be less emotionally draining than reliving an incident in a trial. The settlement provides compensation sooner, which is especially important when medical bills and lost income are piling up.
Why Would I Want to Reject a Personal Injury Settlement Offer?
While a settlement may provide a quicker and more predictable end to a personal injury case than a trial, a fair outcome may not be possible without a trial.
Here are some reasons you might reject a settlement offer and take your case to trial:
- The offer doesn’t cover all your losses — It may be worth going to trial if a settlement offer won’t fully compensate you for your medical bills, lost wages, pain and suffering, or future care needs.
- Liability is strongly in your favor — If the facts clearly show the other party’s fault, you may have a solid chance of success at trial.
- The insurance company isn’t negotiating fairly — A trial can force a resolution if an insurer refuses to make a reasonable offer.
- You want your day in court — Some people want the opportunity to tell their story in court, especially if the injury has greatly affected their lives. A trial offers a forum that a settlement does not.
What Factors Should Determine Whether I Should Go to Trial or Settle?
Deciding whether to take your personal injury case to trial or settle depends on several factors. One crucial factor is the strength of your evidence. Your medical records, witness statements, expert opinions, and other documentation can all affect how a jury may view your case. So, it’s vital to make sure you have compelling evidence before starting a trial.
Other key factors are how the jury will likely respond to your injuries and story, and how long you’re willing to wait for compensation. Trials often take much longer than settlements to get resolved.
Finally, your attorney’s experience and confidence in presenting the case at trial are crucial. An honest discussion with your lawyer about the risks and rewards of both paths is the best way to decide how to move forward. Contact our Hartford personal injury attorney today.
What Are Some Reasons It May Be Better to Go to the Trial?
You should talk to your lawyer before rejecting a settlement and taking your case to trial. The most common reason for taking a case to trial is because the insurance company is not treating your fairly. The trial injury attorneys and Jainchill and Beckert have over 75 years of combined experience in assisting clients in making the decision to take a case to trial.
What Compensation Could I Recover If My Personal Injury Case Goes to Trial?
Generally, the compensation you could receive after winning a personal injury trial is the same as if you accept a settlement. For example, you could recover compensation for:
- Current and future medical expenses
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
- Impairment in your ability to engage in ordinary activities of daily living
- Loss of enjoyment of life’s activities
Does Connecticut Have Caps on Personal Injury Damage Awards?
Connecticut law does not limit your compensatory damages, which refers to the compensation you receive for losses you directly experience because of an accident. Limits do apply to punitive damages, but they vary according to the type of case, the defendant’s actions, and other factors. A personal injury lawyer can give you a better idea of what compensation you could potentially recover in your personal injury case.
Contact a Connecticut Personal Injury Lawyer
Jainchill & Beckert, LLC, has over 55 years of combined legal experience. We can help you pursue maximum compensation after an accident. You won’t owe us any upfront fees. So, contact us now for a free consultation.
