When you’re healing from a personal injury caused by a third party’s negligent action or inaction, you may be intimidated by the prospect of your case going to trial.
According to the most recent statistics collected, only 5% of civil cases go to trial, with 95% of cases being settled before trial. Therefore, only 1 out of 20 cases go to trial. This statistic may be comforting to you or it may be surprising. Regardless, we find that there are clear reasons why certain types of cases consistently go to trial or not.
So, in this guide, we’ll discuss the negatives of going to trial and why a lawyer may still choose that for their client.
At Warhawk, we’re proud to offer no-obligation, risk-free case reviews. To request one, call our team toll-free at (405) 397-1717 or schedule your appointment online.
The Negative Aspects Of Going To Trial
There’s a reason so many cases don’t make it to court. Here’s a quick examination of why it might not be right for your case.
- Higher Costs: Trials can be expensive, with court costs and attorney fees accumulating the longer the case is in court.
- Longer Process: Trials can be time-consuming, taking months to years to resolve. This prolonged legal process can make you focus and relive any trauma you may have suffered, hindering your ability to move on and recover.
- Greater Risk: If you file a claim against an insurance company, there’s a higher chance that the jury may be swayed in favor of the defendant, increasing the risk of not receiving compensation.
- Delayed Compensation: Trials can result in delayed compensation compared to settlements, where you can often receive a quicker payout. This delay can create financial strain as you wait for the trial to conclude and for compensation to be awarded.
So Why Would My Lawyer Advocate Us Going To Trial?
However, despite everything discussed above, your Oklahoma City personal injury attorney may find it beneficial to take your case to court.
Here are a few reasons:
- You could receive punitive damages. Punitive damages are attached to no real-world damages a victim could receive in their case but are to punish the defendant for their negligence. You can only receive punitive damages in a court proceeding. Oklahoma’s cap on punitive damages is $100,000, according to 23 OK Stat § 9.1 (2023).
- The insurance company refuses to pay the settlement you deserve. If the insurance company refuses to pay the settlement you deserve, your lawyer may take your case to court to pursue the full compensation you are entitled to.
- The case is very complex. In a complex case where the legal issues require thorough examination, your lawyer may recommend going to court to ensure your case receives the attention it needs for a successful outcome.
- The insurance company is concerned about precedent. If the insurance company is concerned about setting a precedent that could impact future claims, your lawyer may take your case to court to establish favorable legal precedents that could benefit you and other claimants in similar situations.
If you have any questions about this material, call us at (405) 397-1717. Our team at Warhawk Legal is ready to talk you through the legal process and would love to help you conclude your case successfully.