When you’re dealing with the aftermath of a personal injury, the thought of going to court can add to the stress. Understanding whether you need to appear in court for your personal injury case can help ease some of that anxiety. Here, we’ll explore the circumstances that might lead you to court and what alternatives you might have.
Settlements: The Common Outcome
The vast majority of personal injury cases are resolved through settlements rather than trials. In Indiana, over 95% of civil cases are resolved prior to trial. Settlements are agreements reached between the injured party and the at-fault party (typically their insurance company) where the injured party receives compensation without the need for a court trial.
There are several reasons why settlements are preferred:
- Time and Cost Efficiency: Trials can be lengthy and expensive. Typically, costs associated with depositions and the hiring of expert witnesses can add up. Settling a case can save both parties significant time and legal costs.
- Certainty: Settling a case provides a guaranteed outcome, whereas the result of a trial is uncertain and can be influenced by many factors.
- Privacy: Settlements are private, whereas trials are public, and the details become part of the public record.
When Might You Need to Go to Court?
Despite the preference for settlements, there are situations where going to court becomes necessary:
- Disputed Liability: If the parties involved cannot agree on who is at fault, the case might need to go to court for a resolution.
- Disagreement on Compensation: When the parties cannot agree on the amount of compensation, a jury might need to decide the appropriate award.
- Insurance Company Refusal: Sometimes, an insurance company might refuse to settle a claim fairly, necessitating a court battle to secure rightful compensation.
Pre-Trial Proceedings
Even if a case is heading towards trial, it often undergoes several pre-trial stages that might still lead to a settlement:
- Discovery: Both parties exchange information and evidence. This process can sometimes lead to settlements if one side’s position becomes overwhelmingly strong.
- Mediation: In Indiana, most counties require the parties to go to mediation (and in federal court, a settlement conference is required where the judge assists in trying to resolve the case). Mediation is where a neutral third-party mediator helps facilitate negotiations between the parties in an effort to reach a settlement.
- Arbitration: Arbitration is far less common, but there may be a situation where arbitration is required. Similar to a trial but less formal, an arbitrator hears both sides of the case and makes a binding decision.
Working with Your Attorney
Your attorney plays a crucial role in navigating your case. They will:
- Assess Your Case: Determine the strengths and weaknesses of your case and the likelihood of needing to go to court.
- Negotiate Settlements: Work to achieve a fair settlement without the need for trial.
- Prepare for Trial: If a trial is necessary, your attorney will prepare your case and represent you in court.
Conclusion
While the prospect of going to court for a personal injury case can be daunting, it’s not always necessary. Many cases are settled out of court, saving time, money, and stress. However, if a fair settlement can’t be reached, going to court may be the best way to secure the compensation you deserve. Always consult with a knowledgeable personal injury attorney to understand the specifics of your case and the best course of action.
Give the experienced Indianapolis personal injury attorneys at Banks & Brower a call today. We are available 24/7/365 at info@banksbrower.com or by phone at 317.526.4630