A court trial for a car accident case is usually the last thing a car accident attorney representing the plaintiff or an insurance company wants to have happen. Usually most cases are settled out of court as long as both parties can use good faith in attempting to settle the case. A good personal injury attorney is worth his weight in gold if he can convince the insurance company to settle the case out of court. Of course, there are times that a settlement cannot be reached and the case will make its way through the court system.
Juries can be Unpredictable
Whether they heard a story of someone who sued someone and won over a cup of coffee, or just plain resent missing a day of work, they can be swayed by their own experiences, the newspaper, a friend’s experience, and many other issues that can affect their judgment. Some jury members may even adopt the attitude that it is their duty to undo a trend in heavy damage awards. Other jury’s often seem elated to throw money at a plaintiff regardless of how much the claim may be exaggerated. Juries in different geographical and socio-economic areas will decide cases differently. Attorneys on both sides must make critical decisions on which person they will pick for their case’s jury. Yet, with all the safeguards in place, one cannot predict how a jury will view a case.
Determining the Worth of a Case
Personal Injury and Insurance attorneys, who have had experience, generally know how much a case is worth. Broken bones, versus soft tissue damage such as a whiplash are all deciding factors. Treatments needed and of course, medical records play a large part of determining what a case is worth. Neither side is comfortable with the unknown of having a trial determine the worth of their case.
Trials for Automobile Accident cases are Costly
The gamble of going through a long protracted court process has a very large price tag for both parties. Experts can get involved, and court costs can cut into whatever settlement is reached. It is a situation that neither side can easily control.
Attorneys Disagree on a Settlement
When attorneys cannot come to a reasonable settlement, the case will most surely go to trial. Offers can be negotiated and made to the plaintiff, but if the plaintiff wants the case to go to trial, then it will. Conversely, if the defendant refuses to reasonably negotiate, there will be no settlement, and the case will go to trial.
Kenneth G. Marks has been practicing personal injury law since he was admitted to the California Bar in 1981.www.KmarksLaw.com