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When Does a Case Typically Go to Trial?

Updated: Jun 6, 2023

You have been injured, and now you are seeking the fair compensation you deserve. But, medical bills and missed time from work mean that you may not have time to wait. Once you have made the first step of contacting a personal injury attorney, how long will it take before your case could go to trial? Read on to learn more about what you can expect from the process of getting compensation for the hardship that you have suffered.

1. What are the Possible Outcomes of a Personal Injury Case?

Once an injury occurs, it is important that you contact a personal injury attorney as soon as possible. The attorney will work with you to gather all the necessary evidence, which might be a time-sensitive process, especially in the case of evidence like witness testimony or the physical characteristics of the scene of your injury. You should contact an attorney who specializes in personal injury cases so you can be sure that you hire someone who knows the necessary steps to take at this early stage of your case. Once you have acquired the services of an experienced personal injury attorney and initiated the legal process, there are essentially two possible outcomes for your case. One possible outcome is that you and the defendant (or his/her attorney) will reach an out-of-court settlement. Insurance companies often pursue these settlements to resolve issues without accumulating expensive fees. A second possible outcome is that your case may be brought to trial to be decided by a judge or jury.

2. Reaching a Settlement vs. Going to Trial

Out of these two possibilities, which outcome will be more beneficial to you? The first thing you should know is that an overwhelming majority of personal injury cases reach an out-of-court settlement. In fact, the number of cases that go to trial is believed to be less than five percent. Settlements offer the benefit of a quicker resolution, but may not be as high in value as what a jury may award. If your case does go to trial, be prepared for a longer process before your case concludes. There will need to be sufficient time for the evidence surrounding the case to be presented in court so that both sides have their chance to argue their case. Because this can be a lengthy process, it's important to find an attorney who will support you through any hardship you face as a result of your injury.

3. What Is the Timeframe for Taking a Case to Trial?

While there are many variables that go into determining the exact length of your case, generally it takes one to two years from the filing of the lawsuit before a personal injury case is heard in court. While the lawsuit is pending, both sides gather the necessary evidence to present in Court. On the other hand, out-of-court settlements often happen more quickly due to less lengthy processes being involved. You don't have to go it alone if you've suffered an injury. Schedule a free consultation with Hirsch Andrade, LLP and we will guide you in your pursuit of the compensation you deserve.


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