Will My Personal Injury Case Go to Trial?

May 1, 2020 | By Nicolette R. Nicoletti
Will My Personal Injury Case Go to Trial?

Will My Personal Injury Case Go to Trial?

If you were seriously hurt because another party failed to act with reasonable care—or intentionally set out to harm you—it may be possible to obtain monetary damages by filing a personal injury claim. With so much on your plate, though, you may be concerned about having to go to trial.

Thankfully, most personal injury cases are resolved without going to court. If you have strong evidence to support your case and you follow the advice of your medical providers and legal team, there’s a good chance the opposing party will be cooperative when it comes time to negotiate for a settlement. 

At the end of the day, both the claimant and defendant in a personal injury case usually have an incentive to avoid trial. But if the defendant refuses to pay a fair settlement and the case is not resolved through the early stages of litigation, then proceeding to trial might be the best option.

Here are just a few reasons why a case might go all the way to trial:

  1. There Is a Dispute over Liability 

Liability disputes can arise for a multitude of reasons. If you played a role in causing the accident, a dispute could arise regarding the percentage of fault imposed on you. If several defendants are liable for your injuries, this could also lead to a dispute regarding how fault is apportioned.

  1. There Is a Dispute over Damages 

In the state of Florida, personal injury claimants may be entitled to both economic and non-economic damages including medical bills, lost wages, pain and suffering, emotional distress, and loss of enjoyment in life. However, it’s not uncommon for the defense to challenge the settlement figure proposed by the claimant’s attorney. This is especially true in cases that involve significant damages.

A dispute over damages could also arise if you have failed to take reasonable steps to mitigate your losses. This is why you should seek immediate medical care, follow your doctor’s orders, and avoid any activities that might prolong your recovery or exacerbate your injury.

  1. There Is a Dispute over Causation

There are many other kinds of disputes that have the potential to send a case to trial. For example, if the accident exacerbated a preexisting medical condition, the defense might dispute causation. In other words, they may assert that the damages you are claiming were caused by the preexisting condition and not by the accident. Your personal injury attorney may use your medical records from before and after the accident as well as a medical expert deposition to counter this defense.

Speak with a Board Certified Civil Trial Attorney Today!

If you were hurt through no fault of your own, contact Nicoletti Accident Injury Lawyers to determine the most strategic way to proceed. We have a passionate commitment to the physical, emotional, and economic wellbeing of accident victims and their loved ones. 

Call 727-845-5972 or fill out our Contact Form to schedule a free consultation with a board certified personal injury lawyer in Florida. Our phone line is open 24/7.

Nicolette R. Nicoletti Author Image

Nicolette R. Nicoletti

Managing Partner

Nicolette R. Nicoletti is the founder and managing partner of the Nicoletti Accident Injury Lawyers. She was born and raised in New Port Richey, Florida.  Nicolette attended Genesis Preparatory School and graduated salutatorian of her class.  She then went onto Saint Leo University for her undergraduate education. She graduated magna cum laude from the Honors Program with a Bachelor’s degree in Political Science.  While at Saint Leo University, Nicolette was President of Pi Sigma Alpha (Political Science Honor Society), Secretary of Alpha Phi Sigma (Criminal Justice Honor Society), and an active member of Delta Epsilon Sigma (National Scholastic Honor Society).

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