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When Does a Personal Injury Case Go to Trial?

Jul 25, 2019

Being injured in an accident can leave you with many questions, including, "Will my case go to trial?" The idea of going to court can seem intimidating and scary to some, as the outcome is not always guaranteed. However, always remember that a seasoned personal injury attorney with trial experience is your best bet at obtaining the compensation you deserve.


In personal injury cases, there are two ways that you may receive compensation: a settlement or a trial victory.

Settlement vs. Trial

A settlement is when the plaintiff (injury victim) and the defendant (insurance company) both agree on a set amount of compensation that the defendant is willing to pay for injuries that the plaintiff sustained. Settling with an insurance company ensures you actually walk away with compensation. Most personal injury cases end in settlement for a variety of reasons:

  • The defendant can control the risks and legal costs
  • It keeps the defendant out of the public eye and reduces the risk of scrutiny
  • It allows both parties to avoid a longer and riskier legal process

The reality is that a settlement is not always an option. Sometimes, the insurance company will refuse to pay an injured party proper compensation or anything at all. When the two parties cannot agree on a settlement amount, you and your personal injury attorney will need to take the case to court.

Going to Court

The attorney you choose to represent you should have experience advocating on behalf of injury victims in court. The most critical part of going to court is presenting the evidence of your case to a judge or jury. Pieces of evidence that your attorney may bring forth include medical records, police records, photos of the accident, witness testimonies, and expert testimonies.

This is an intricate process and requires looking at evidence with the utmost detail and explaining how the evidence shows beyond a reasonable doubt that the accident at hand directly caused your injuries. The defendant will also present evidence in court to prove their own side. Your attorney should be able to combat this defense with the evidence they gathered.

Get a Trial Attorney On Your Side

The Spence Law Firm is where results and success meet passion and dedication. The legal advocates at our firm follow in the footsteps of our founder, Gerry Spence, one of the greatest trial attorneys in modern history.

When clients come to us, just like our founder, they can rest assured knowing they are in the hands of legal advocates who are committed to fighting for justice against large insurance companies and corporations.

When all seems lost, turn to our firm for guidance. Call The Spence Law Firm at (844) 447-5497 or contact us online for help pursuing your personal injury case.

Schedule a free consultation with The Spence Law Firm, LLC

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If you are struggling with a serious injury, or are fighting against seemingly impossible odds against big corporations, insurance companies or the government, call us to speak with our team of trial lawyers who will fight for you. We take no fee unless we earn it by winning your case.