It’s a common misconception that your personal injury case will be worth more if you “take it to trial” rather than through settlement negotiations. Whether a case can get more after a trial depends on the circumstances of your case. There is a chance that you could get more, but there’s also the chance you could get less – even nothing. It all depends on what is discovered as you prepare for litigation.
We Endeavor to Get the Most for You – Trial or No Trial
At the Law Offices of James Scott Farrin, we evaluate each case individually and advise litigation only if we believe it will result in the greatest financial return for our clients. Our lawyers will not take your case to court if they do not feel a jury would award the case’s fair value.
Before we take a case to trial we evaluate a number of factors. Here are three important factors we consider.
1. Is there enough evidence to obtain fair value?
Our primary objective for your case is to try to get the highest fair value for your circumstances. Fair value is based on evidence. For example, in cases with muscle-related injuries, such as sprains and strains like whiplash, medical treatment that lasted under four to six months, and medical expenses, fair settlement would be an offer that covers all those bills plus pain and suffering.
2. Did the insurance company offer that much less than what a jury may potentially award?
We may also consider whether there might be a large enough discrepancy between what the insurance company offers and what we think a potential jury might award. If the settlement offer includes your bills and considers your inconvenience for medical treatment, then your attorney will let you know what is reasonable versus what you would expect to get from a jury.A jury trial is not always the answer.A jury verdict is influenced by more than simply the facts of your case. It is influenced by the jury’s demographic makeup, the geographic region where you live (i.e., what is typically seen in similar cases in your hometown court), any preconceived prejudices the jurors may have. Let’s say, for example, juror #4 thinks all motorcycle drivers are reckless – especially the under-40 crowd. If you were the one injured through no fault of your own, yet you were driving a motorcycle and you happen to be under the age of 40, that juror may not be very sympathetic to your situation.
3. Is trial worth the financial and emotional stress on you?
We will also weigh the benefits of the financial and emotional stress you may experience by going in front of a jury. We consider how costly and lengthy a trial might become, and whether it may potentially cause you undue hardship versus the financial benefits you may potentially derive. Because trials can be expensive, we don’t want a trial to eat away at your potential gains.
Free Case Evaluation from a North Carolina Auto Accident Law Firm
If you have been injured in a car wreck, don’t wait to call us. Sometimes, the sooner we get involved the less involved your case can potentially become.
Our Personal Injury Department has more than 150 years of combined legal experience. Several of our attorneys have at least 15 years’ experience, and some were formerly defense attorneys for the insurance industry – so they’ve seen the law from both sides.