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Will My Personal Injury Case Need to Go to Trial?

With many personal injury cases, injury victims will want to close their cases as soon as possible. When it comes to these cases, there are typically two ways to collect damages: trial or settlement. In our experience, many injury victims want to know if their case will go to trial and what this process entails.


Below, we discuss settlements versus trials and which one may be your best option if you have a pending personal injury case.

The Difference Between Settlement and Trial

Whether it be a car accident, truck accident, or premises liability case, your personal injury case will either end in a settlement or a trial.


A settlement occurs when the defendant (the negligent party) or the insurance company agrees to pay the plaintiff (you, the injured party) a certain amount of money to pay for damages sustained in the accident caused by the negligent party.


This offer should include damage amounts for:

  • Medical costs

  • Lost wages and lost earning capacity

  • Property damage

  • Pain and suffering


An experienced personal injury attorney will be able to look at the details of your case and determine whether the insurance company’s offer is enough to cover all of the above. In most cases, however, the insurance company will initially offer you less than what you deserve. Your attorney can then negotiate on your behalf to help you obtain maximum compensation through a settlement offer.


If the insurance company refuses to pay you full damage amounts, your case may need to go to trial. This means that the evidence will be presented in front of a judge or jury and then they will decide the outcome of your case. This is typically a longer process than settlement and will most likely mean you will need a trial attorney to represent you.


Keep in mind that the defendant or insurance company may still offer you a settlement offer after a lawsuit has been filed, when the case has already gone to trial, or even while the judge or jury is deliberating.

Why a Trial Attorney Is So Important

Some injury victims may find some drawbacks to going to trial: it can be a risky, stressful and drawn-out process. However, an experienced trial attorney will know whether this is the right move. In other words, they will give you advice on whether your best bet at receiving maximum compensation is through taking the settlement offer or going to court.


Most of the time, insurance companies will want to settle outside of court in order to avoid any potential risks of a trial. The judge may, for instance, say that the insurance company acted in bad faith and order them to pay you much higher amounts than a settlement offer.


If your case needs to go to trial, you want a legal advocate on your side who is experienced fighting on behalf of clients in court. At Briggle & Polan, our seasoned trial attorneys are these types of legal advocates that you can trust to fight hard for your full financial recovery.


Get seasoned Austin trial attorneys on your side. Contact Briggle & Polan at (512) 400-3278 to schedule your free consultation.