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Will I Have to Take My Personal Injury Case to Trial?

Posted on December 8, 2020 in

[Updated December 2020]

The Chicago personal injury attorneys at the Duncan Law Group are frequently asked the question, “Will I have to take my case to trial?” At first glance, it is nearly impossible to tell; however, it is important to note that upwards of 95% of all personal injury claims are settled long before their day in court. This is largely due to the fact that both sides have already conducted their own investigations and come up with a reasonable value for the claim. If both sides arrive at similar figures, there would be no need to take the case to trial. Instead, it would make more sense to negotiate a settlement – even if it takes time to reach a final agreement.

When you should settle vs. going to trial

Depending on the circumstances of your case, your attorney may either recommend that you accept the final settlement offer or push on to trial. There are several different factors that will go into this decision. For one, there is no way to know how a jury will view your case. While it is reasonable to expect that the counsel for both the plaintiff and the defendant would be able to negotiate a fair settlement that is based on the facts of your case, there is no way to know what type of evidence the jury will find relevant. Unfortunately, the jury could surprise you with an unfavorable verdict.

On the other hand, the jury could hand down an award that is worth significantly more than what the defendant had offered during negotiations. For this reason, it would be in your best interest to work with a personal injury lawyer who can offer the experience, insight, and skill that you will need. The team at Duncan Law Group has already recovered tens of millions of dollars in compensation on behalf of former clients, and we did so by knowing when to settle and knowing when to take a case to trial. Every case is different, so you need to hire an attorney who will keep your best interests in mind.

Making the Final Decision to Go to Trial

Under certain circumstances, it may be advisable that you take your chances in court. For example, if the other party is unwilling to offer more than $100,000 when your case is really worth $900,000 – or possibly even more – your Chicago personal injury lawyer may recommend that you pursue a more favorable resolution at trial. If you were to accept an unreasonable settlement, that would be the end to your case, so you should trust in the guidance of your attorney before saying “no” to the possibility of trial. Contact the Duncan Law Group today to learn more about your options.

When you come to our firm for help with your personal injury claim, whether that requires us to negotiate with the insurance company or pursue your case in court, you can trust that we know what it takes to win. Our lead attorney has been honored with a number of prestigious accolades – which includes being named to the Super Lawyers® list and The National Trial Lawyers: Top 40 Under 40 – which is a testament to the fact that he offers the outstanding legal representation that his clients deserve. Don’t settle for less; hire an experienced injury attorney from Duncan Law Group today.

Call our office today at (312) 202-3283 to set up a free initial consultation.