Will My Case Go to Trial?

Nearly every injury victim asks whether his or her case will go to trial. The answer may depend on the insurance company handling the case on behalf of the at-fault party or parties. Insurers can be stubborn and refuse to negotiate. On the other hand, insurance companies seldom want a case to go to trial because of the uncertain outcome of litigation.

For this reason, settlements always remain the more likely outcome. There is no guarantee of any particular outcome, but in the end, an insurance company may conclude that settling is more cost-effective than paying their legal team to fight your claim and risking an additional judgment on top of those costs.

A settlement also can benefit the at-fault party or that party’s insurance company. For example, a confidentiality clause may be part of the settlement, which prevents anyone connected to the case from speaking about it – and specifically the dollar amount of the settlement — publicly.

If a case does go trial, it could be a year or longer before it shows up on the court docket. The trial itself could take weeks depending upon the amount in demand, the proof required, the number of witnesses, and how vigorously the defense responds in its rebuttal.

Any trial will be a matter of public record. Corporate defendants when they are engaged in any court battle may have concerns about preventing the disclosure of embarrassing information that could harm the company’s reputation. Your attorney could use that as a form of pre-trial leverage that leads to a favorable resolution.

At Craig, Kelley & Faultless, we will give your claim personal attention and do our best to move your case forward as quickly and efficiently as possible through the civil justice system.