
While it may seem like common sense, most people who have been involved in a vehicle accident and have hired a personal injury lawyer in Murray to represent them do not envision a situation in which their case does not settle outside of the courtroom. It is also very likely that your case will not go to court. While this may seem surprising, understanding why most cases do not go to court and what actually happens in a courtroom while a case is ongoing will help you through the process.
Trials are Less Common Than You May Think
According to nationwide statistics, between 3% to 5% of personal injury cases end in a jury verdict. In an overwhelming majority of the cases, which is about 90% or more, the case ends in a settlement before trial. That does not mean the case cannot go to trial; it means that, most of the time, settlement is the route of least resistance for both sides and the most common outcome.
What Actually Happens When Your Case Does Go to Trial
There is actually a specific process that all court cases must follow. Your personal injury lawyer in Murray will take you through all of the following:
- Selecting a Jury (Voir Dire): Each side of the case will be given the chance to question the potential jurors and determine if they are unbiased
- Statements: Each side will explain how they will prove their side of the argument that will be presented in the case
- Plaintiff Presentation: This includes showing your personal injury lawyer in Murray your medical records, calling your witnesses to testify, and presenting your expert analysis.
- Defendants’ Counter Arguments: The opposing side attacks your witness testimony and your evidence records.
- Arguments: the closing statements will be made by your personal injury lawyer in Murray, summarizing their arguments and reasoning based on the case presented
- Decision: The jury closes the courtroom and drafts its decision
The process can last over half a year each way, and both sides can appeal the decision.
Why the Majority of Cases Settle Out of Court?
Settling is a choice that benefits the most involved. For the injured plaintiff, time is of the essence. Long-awaited compensation brings an end to the process and closes the chapter on what can be a years-long legal battle. There is also a financial drain of expert witnesses, multiple depositions, and voluminous document requests. The costs of all of the above increase the time needed to finalize a case. Settlements also offer an additional benefit: privacy compared to extensive court proceedings.
“Trial Readiness” Adjusts Negotiations
Most clients do not know this, but the reason most cases settle for beneficial amounts has everything to do with “trial readiness.” Murray personal injury attorneys who actually go to trial get noticed by the insurance companies. Once an insurance carrier knows that your attorney will not shy away from litigating a case, the insurance carrier is actually motivated to negotiate.
Murray personal injury attorneys who prepare each case as if it will go to trial provide the best representation, since insurance companies are motivated to negotiate more favorably to avoid litigating.
Choose an Attorney Prepared for Both Possible Outcomes
The representation you choose makes the difference if the case settles in mediation or is decided by a jury. Ensure you have representation that will treat each case as if it will go to trial, so that you are protected if the case does end up being decided by a jury.









