How often do personal injury cases go to trial?
If you’ve been injured due to the negligence or purposeful actions on the part of another, there are two routes that you can take in order to receive compensation from the liable parties. You can be offered an out of court settlement which involves settlement negotiations between the involved parties and their attorneys.
And, in truth, the majority of personal injury claims do settle before going to trial. Attorneys for both sides will conduct their own investigation, gather evidence, and arrive at a settlement figure that’s usually comparable in value. In these instances, the benefits of a settlement far outweigh a lengthy trial in which you’re not assured of the amount of damages a jury may decide to award you.
However, there are times when it is not in the your best interest to reach an out of court settlement. This is especially true in cases where your attorney’s valuation of your case is significantly different from that of the defendant’s. It’s worth it to go through the legal process of a trial to let a jury hear your case and render a decision.
The legal process
The legal process in personal injury cases involves several prescribed steps or “procedural protocols” that you, as the plaintiff, and the defendant can expect to go through as your case evolves. After the initial meeting with your attorney, he or she will file the first document — the complaint or petition — which outlines your case vs. the defendant. Next comes the fact-finding and discovery phase and then, after all the evidence has been gathered, each side will be able to file “motions” with the court which can range from requesting a dismissal of the case to evidence exclusion.
The court will rule on the motions, and afterwards, lawyers for both parties start discussions regarding a possible settlement. If a settlement is not reached, the court will then schedule a trial date for your case.
If you think you have a personal injury case, you need an attorney that specializes in these types of cases and has a lot of litigation experience. In South Dakota, the best personal injury attorneys are Rapid City lawyers Gregory Yates and Michael Shubeck. With over 40 years of collective experience when it comes to personal injury cases, Mr. Yates and Mr. Shubeck have been very successful at recovering million of dollars in settlements, jury verdicts, and awards for their clients.
Your first visit to our Rapid City law offices will be a free consultation at which time there will be a thorough discussion of your case, the ins and outs of personal injury trials, and any costs and fees that are involved in the process.
If you’ve been in an accident, no matter how serious your injury, you need the services of personal injury lawyers that are well-known in South Dakota for winning cases and getting fair and equitable settlements for their clients.
Contact our offices to schedule your free consultation.