What Are Chances That Your Personal Injury Case Will Go To Trial?

According to statistics analyzed by personal injury lawyers, roughly 95% of the cases initiated by their clients never reach the stage where the client must appear in court. In other words, all but 5% of the cases get settled without any litigation. Those figures highlight each client’s need to have a strong level of trust in the hired attorney.

How can lawyers demonstrate the type of service that matches with the client’s trust?

Some lawyers’ listings of services include mention of an attorney’s or a firm’s close association with litigation finance companies. Such a company can offer financial help to the plaintiff in a case being tried in court. That help comes in the form of pre-suit funding. It eases the plaintiff’s concerns about lost wages.

No personal injury lawyer in Oakville should agree to settle a case until the client has fully recovered from his or her injury. In legal terms, that amounts to reaching what lawyers refer to as maximum medical improvement. Clients that reach that level of improvement should be in as best shape as they have reason to expect or desire at that point in time.

A lawyer’s ability to deliver good service should include a readiness to reach out to experts, when that becomes necessary. If a client has a particular medical condition, it helps for the client’s attorney to learn more about that same condition. The legal team for the defendant should not be the primary source of information on issues that relate to the client’s specific condition.

How can a trial prove of value, when it requires so much time and effort?

The plaintiff’s legal counsel should arrange for the victim’s/plaintiff’s prognosis to become known to the judge and jury. The prognosis can indicate what lies in the future for the injured plaintiff. It could be that the same future might put certain demands on the injured plaintiff.

For instance, the treatment for the injury might have included performance of a surgical procedure. In that case, further surgeries might prove a necessity in the future. That could force the surgical patient to request many hours of time-off from work. Such repeated requests could hamper an employee’s attempt to advance in a company.

The judge and jury should be made aware of those possibilities. It would then be up to them to decide on how the uncertainties about the plaintiff’s future might be reflected in any monetary award. That could push the judge and jury to call for a larger award.

Insurance companies recognize that potential chain of events. That is why so many such companies put pressure on a claimant to agree to an early settlement, typically one in which the settlement’s size has been reduced.

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