If you’ve been injured in an accident in Illinois, you might wonder whether your personal injury case will end up in court. Many injured victims are overwhelmed by the thought of a trial, but most Geneva personal injury claims never see the inside of a courtroom.
Most Personal Injury Cases Settle
The vast majority of personal injury claims are resolved through settlement rather than trial. In fact, data shows that about 95% of cases settle before reaching a jury.
There are several reasons why:
- Trials are expensive and involve extensive attorney fees, court costs, and other expenses. Settling early can save time and money.
- Settlements can be reached in months, while trials may take years.
- Both parties avoid the unpredictability of a jury verdict, which can be much less or much more than the parties expected.
However, while settlements are common in injury cases, there are certain circumstances where taking your case to trial may be in your best interest.
Situations Where Your Case May Go to Trial
Even though most cases settle, there are scenarios where the insurance company refuses to agree to fair terms.
Some of the most common situations include:
1. The Insurance Company Denies Liability
If the insurer doesn’t accept that their policyholder caused your accident, they may decline to pay any damages at all. In this case, a trial may be necessary to prove fault and recover compensation.
2. You’re Offered Less Than Your Case is Worth
Sometimes the insurance company admits liability but offers a settlement that doesn’t fully cover your damages. If negotiations stall, taking the case to court may be the only way to seek full compensation.
3. The Insurer Blames You for the Accident
Illinois follows a modified comparative negligence rule, meaning your compensation can be reduced if you’re found partially at fault. You cannot recover anything if you’re 50% or more responsible.
Insurance companies may try to shift blame onto you to reduce their liability. If these allegations are untrue or exaggerated, you may need to go to trial to prove the other party was at fault.
4. Multiple Parties Are Involved
If multiple parties are at fault for your accident (e.g., a multi-vehicle car accident), you can hold each party liable for their proportional share of damages. However, cases involving several defendants can be complex and harder to settle. A trial may be necessary to sort out the liability of each party.
Contact an Experienced Lawyer for Help Navigating Your Personal Injury Case
Whether your personal injury case in Illinois settles or goes to trial depends on the facts of your accident. An experienced personal injury attorney can evaluate your situation and prepare your case for both settlement discussions and potential trial.
If you’ve been injured in an accident, contact a Geneva personal injury lawyer at Feagans Law Group for a free consultation to discuss your rights. We can help you understand the potential value of your case, and whether trial may be necessary to get you the compensation you deserve.