Updated September 1, 2021
What Makes a Lawsuit More Likely to Go to Trial?
Transcript
There are several factors that can influence whether a case is likely to go to trial or not. One thing to know is that it’s fairly rare these days for a case to go to trial. Probably less than five percent of cases filed end up in trial, and that’s because the attorneys and the insurance companies usually work pretty hard to try to find a way to settle a case before you would ever get to trial.
If the insurance company will not pay what we think is a fair settlement, then some of the reasons for disagreement would be, number one, if there are witnesses who had reported differently how an accident happened, then that can be hard to evaluate. If you have one witnessing it happen one way and a different witnessing it happen another way, then insurance companies and attorneys can find it difficult to agree how a jury would view that, and in that case it might go to trial.
Secondly, you might have an issue as to how severe the injuries are. Cases are tried not just because of a disagreement as to who’s at fault for an accident but also because of a disagreement as to what fair compensation would be for the injuries that somebody has suffered. Some injuries are obvious: Broken bones and burns and other types of injuries are pretty clear there has been an injury, and it’s pretty clear what the effects of those are. Other injuries are not as obvious. Somebody might have a brain injury, but it’s not really apparent how severe that injury is until you see the change in behavior of the person and the way it impacts their family. Insurance companies might disagree with the injured person and with the injured person’s lawyer as to how severe that is, so oftentimes cases get tried not because of a disagreement as to who’s at fault but really because of the argument on what is fair compensation for the injury that a person has suffered.
Those are some of the reasons that can impact whether a case is going to go to trial or not.
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If you or a loved one have been injured as a result of someone else’s negligence, you are urged to contact the Indianapolis Personal Injury Attorneys of Wilson Kehoe Winingham. The lawyers at WKW can help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.
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