The Short Answer:
Making a personal injury claim is the first step toward getting compensation for your losses. Most cases are settled out of court, which means that just because you file a claim, that doesn’t mean you’ll have to go to court. If you cannot agree on a settlement amount out of court, however, you do need to file a personal injury lawsuit against the defendant to take them to court.
There will still be the chance to settle before your trial actually begins, but you need to be prepared to go to court whenever you file a lawsuit. An attorney from The McMahan Law Firm can help you understand when going to court makes sense and guide you through every step of the process.
Key Takeaways
- The McMahan Law Firm can help you decide whether to file a lawsuit, prepare your case for court, and represent your interests throughout the litigation so you can pursue the compensation you may be entitled to.
- Submitting a personal injury lawsuit begins the legal process, but most cases still settle before reaching a courtroom.
- Once a lawsuit is filed, both sides often continue negotiating, and many cases settle during litigation before trial begins.
- If the defendant’s settlement offer is not fair and negotiations fail, going to trial may be the best option to pursue a stronger outcome.
- Going to court involves time, expense, and uncertainty, so careful evaluation with a lawyer is important before moving forward.
- Sometimes simply filing a lawsuit encourages the other side to take your case more seriously and improve their offer.
Why Don’t Most Cases Make it to Court?
The reasons that most cases don’t make it to court vary on a case by case basis, but these are the more frequent reasons that cases settle before going to trial.
- Taking a case to court is very expensive for both sides, with court costs and attorney fees increasing as the trial continues.
- If the plaintiff needs money sooner rather than later, a low, guaranteed and immediate settlement amount may be preferable to a higher amount of money. There’s also the chance that, if you take your case to court, you will not win. And if you do win, you won’t get the money until after the potentially lengthy trail.
- This leads us to our next reason, which is the possibility of losing your case. If the plaintiff loses the case, they wind up with nothing and may even owe certain fees. If the defendant loses, they could end up owing more money than they would have if they’d settled.
- Finally, the chance that the losing side will appeal the verdict also prevents many cases from going to court. Settlements are binding contracts that close the case and cannot be appealed. Court verdicts, however, can be appealed. This means that you could be continually going back to court for some time, and the plaintiff doesn’t receive their damages until the case is officially closed.
Is Going to Court in Your Best Interests?
While these reasons for not going to court may seem daunting, that doesn’t mean that taking your injury lawsuit to court isn’t in your best interests. Weigh the risks and benefits of taking your case to court, and consult your personal injury lawyer to see what they think is best. If your defendant offers you a settlement that you and your lawyer think is fair and provides you with enough compensation for your damages, settling your case out of court may be the most advisable option.
If, however, the defendant’s offer does not satisfy you, you may want to file an injury lawsuit and take them to court. Sometimes, simply filing the lawsuit can be enough leverage for the defendant to offer you a more attractive settlement. Other times, the defendant stands by their position, and you need to see your court case all the way through to the end.
How the McMahan Law Firm Can Help If Your Case Goes to Court
If your personal injury case proceeds to trial, you want a legal team that’s fully prepared to advocate for you every step of the way. At The McMahan Law Firm, our attorneys have extensive courtroom experience and are committed to helping clients present a strong, compelling case before a judge or jury.
Here’s how we support you during the litigation process:
- Thorough Case Preparation: We work closely with you to gather key evidence, consult expert witnesses, and develop a strategic plan tailored to the facts of your case.
- Clear Communication: Going to court can feel overwhelming. We guide you through each stage of the trial process and make sure your questions are answered.
- Strong Representation at Trial: Our team is prepared to present your case clearly and persuasively, fighting for the compensation you could deserve under Tennessee law.
- Focused on Results: While many personal injury cases settle before trial, we’re always ready to go to court when it’s in your best interest.
If you’re concerned your case may need to be decided in court, you don’t have to face the process alone. Contact The McMahan Law Firm for a free case review, and let us help you understand your options and protect your rights.
Contact a Lawyer to Help With Your Injury Lawsuit
Whenever you’re filing a personal injury lawsuit, you need to seek the legal assistance of an experienced personal injury lawyer. The professionals at McMahan Law Firm proudly serve the Chattanooga, Tennessee community. Contact us today if you need legal representation.
