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Insights on artful litigation

Will My Personal Injury Case Go to Trial?


Black’s Law Dictionary estimates that only four to five percent of personal injury cases ever make it to trial. Very few cases ever do make it into a courtroom. Most reach an out-of-court settlement. This is due to two things. First, according to the Bureau of Justice Statistics (BJS), about half of all civil cases lead to a positive outcome for the plaintiff. Second, it’s time-consuming. It can take months or even years to battle a personal injury case in the courts.

Even if you do go to court, it’s uncommon to win a large amount of money. The BJS estimates that about 4 out of 100 trials actually result in compensation of more than $1 million. The median award is around $28,000. Personal injury cases involving products tend to have better outcomes.

Does this mean you shouldn’t bother filing a personal injury lawsuit? Not at all. If you’ve been injured or harmed and it’s clearly someone else’s fault, you should never have to suffer financially. It’s important to talk to an experienced attorney about your situation and see what the attorney has to say.

Do Personal Injury Trials Really Last That Long?

One of the longest personal injury cases in history took place in Canada. Christopher Zuber was riding the train from Toronto to Montreal when the train derailed. He was thrown from his seat and allegedly suffered head and neck injuries. X-rays and scans didn’t find any fractures, but the businessman felt severe pain that made it difficult to perform his job. A personal injury case started in 2000 and lasted 17 years with 26 weeks of trial time and a final award of $50,000 for general damages. He did not get awarded loss of past or future wages as he’d hoped.

While 17 years was longer than most, you still need to be realistic. It can take an average of six months to see if injuries sustained in a crash or attack are going to be permanent or to see how much medical care and therapy is needed. After that, it can take time to gather evidence and witness statements and make the initial pleas. A trial date has to be set and this can also take months. There’s also time spent in mediation where both parties try to reach a settlement before the trial date arrives.

What Can You Do to Win Your Case?

From the very moment, you’re injured or harmed in some way, document everything you need to prove the other party was at fault. If you were in a crash with a drunk driver, get photos of your injuries, your vehicle, the area where the crash occurred, and photos of the other driver’s vehicle. Keep copies of all medical bills, invoices for medical equipment you need while you recover, and records of future appointments and therapy sessions.

That’s just one of many personal injury cases. As another example, say you were walking your dog and an unleashed dog ran out of its yard and attacked your dog. Detail all injuries, keep copies of veterinary bills, ask the owner for proof that the dog has been vaccinated and is licensed, and call the police and get the attack documented. Ask neighbors and the town’s animal control officer if there have been other complaints with this dog. The more evidence you have proving irresponsibility on the owner’s part, the stronger your case.

Personal injury cases cover so many things. Crashes with trucks, bicycles, motorcycles, buses, and cars are examples of situations where you may deserve restitution. Falling on an icy sidewalk, getting bitten by a dog, or wrongful death cases are others. When you’re injured in any situation like that, you need to contact an attorney.

What Should You Have in Hand When Meeting With an Attorney?

Get a personal injury attorney with a strong track record. Look for a law group with attorneys who have years of experience in personal injury cases. When you meet with the attorney, bring any bills, reports, and other documentation you’ve collected. If you feel you’re missing something, don’t worry. You’ll have a team of legal advisers by your side.

KJT Law Group is well-versed in personal injury law. Ask questions to see if you have a case. Case evaluations are free, so you can get answers without having to worry about another bill. Email or call (818) 507-8525 to speak to an experienced personal injury attorney.

Insights on artful litigation

How to Maximize Your Car Accident Settlement or Verdict

Knowing the possibilities when it comes to the financial impact, how do you maximize a car accident settlement? You need to start at the beginning. From the moment the accident happens, document everything.

What Should I Do After A Truck Accident?

The cause of a truck crash varies. For smaller passenger trucks it could be just about anything from an impaired driver to speed. For large trucks (tractor-trailers), these five reasons were most common:

What Should I Do After A Truck Accident?

Looking at the National Highway Traffic Safety Administration’s statistics, light and large trucks accounted for a high number of crashes in 2016.

Top Reasons Why Law Firms Refer Out Personal Injury Cases

You may think you have a valid complaint against a business or person. Yet, you’ve called a personal injury attorney and they didn’t seem interested in your personal injury case and recommended someone else. You’re surprised. Don’t be. It’s not as uncommon as you’d think. There are several reasons why law firms refer out personal injury cases.

How Do Car Accident Settlements Work?

Under California’s Fair Claims Settlement Regulations, you should hear from an insurance company within 15 days of filing a claim. The company must accept or deny the claim within 40 days after fathering the proof. If you’re waiting on a settlement payment, this can seem like an unbelievably long period of time.

Can People Of All Ages Have A Medical Malpractice Case?

Are there age limits to a medical malpractice suit? Anyone can file a claim. You must follow the malpractice statutes of limitation in your state.

The Importance Of Going To The Hospital After A Car Accident

Every day in the U.S., approximately 6,438 drivers and passengers are injured in car crashes. Another 102 or so are killed in car crashes. Car accidents occur all the time, but when you’re in one, panic takes over and often keeps you from rationally thinking about what you need to do.

When To Call An Attorney After A Car Accident

You’ve collided with another vehicle. No matter who is at fault, there are several steps you should take immediately after the crash. They are:

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