What To Expect if Your Case Goes to Trial

What percentage of personal injury cases go to trial?

Personal injury cases are often settled out of court. Over 90% are settled before trial. But if the amount of money offered by the defendant or insurance companies isn’t enough to recoup your losses, it’s best to go to trial and let a judge and jury decide the outcome of your predicament.

What happens when a case goes to trial?

The thought of going through a personal injury trial might make you nervous. You don’t know exactly what to expect or what is expected of you. Your personal injury trial lawyer is there to help you understand the legal process. Working with a lawyer can ensure your best chance of success to receive the desired outcome. Learn what to expect at the hearing.

Who decides if a case goes to trial?

The burden of proof is on the plaintiff (the person suing) to prove the defendant (the person being sued) has caused the damages. So if there is no pre-trial settlement, the lawyers of both parties go before the judge in a hearing to give their opening statements. If the judge determines there is enough preponderance of the evidence to warrant a trial, then a date will be scheduled, and a jury will be selected for the case.

Can a judge dismiss a case before trial? 

A case can be dismissed by a judge if that judge decides the evidence presented wasn’t strong enough proof. This is why gathering and preserving all the evidence correctly is so important.  It can make or break the case. We provide 7 tips for preserving evidence in your personal injury case.

Personal injury lawsuits will focus on the scene of the accident. Whether it is a car accident trial or a slip-and-fall case, the judge will want to see no detail overlooked. The stronger your case is put together, the better chance you have of being awarded compensation. It can be a tedious process, but we’re here to help you.

Can a case be dismissed at a pre-trial hearing?

The quick answer is yes, but this only happens under certain circumstances:

1. The plaintiff did not file properly, and therefore, the judge can cite procedural errors
2. The judge may find a failure in the lack of jurisdiction
3. The defendant may be found not to be the responsible party
4. Nevada is a comparative negligence state, meaning the plaintiff may share some responsibility in the accident. The case may be dismissed if the judge deems the plaintiff’s percentage of blame is higher than the defendant’s.
5. The judge can rule a Motion of Summary Judgement for either party. This means that the facts were clear enough not to go to trial, and the judge will determine in either party’s favor and then dismiss the case.

Do personal injury cases go to trial?

Most personal injury cases are settled out of court, which makes the defendant liable. The risk with a trial is that you don’t know if the jury will favor you for the amount requested. Learn more about why you may not want to settle outside of court.

In some situations, it may be hard to decide whether to settle or go to trial. You need the advice of a trusted lawyer who knows all the Nevada laws surrounding personal injury accidents.

If it becomes necessary, it is your right to go to trial and have a jury of your peers listen to all the facts to determine who was in the wrong and who was in the right. The details of your case could be better served in a trial rather than a settlement. Only a thoroughly experienced lawyer can put it all together for you so you can move confidently forward in a personal injury trial.

Let the qualified catastrophic injury lawyers successfully litigate your case

Going to trial doesn’t have to be intimidating if you have the right lawyer at your side. You already have a lot to face while receiving medical care and focusing on recovery. It can feel catastrophic and overwhelming. You don’t have to face all the difficulties and complexities alone. At Adam S. Kutner, Injury Attorneys, we offer a free consultation to discuss the details of your case. Our experienced catastrophic injury lawyers are here to help you get the compensation you deserve.