If you are filing a personal injury claim to recover compensation from the negligent party, you may be wondering what may happen next. There's no way to say for certain how your case will end, but here are all of the possible outcomes of a personal injury claim:
Sometimes, the plaintiff changes his mind and decides not to move forward with the case at all. If you decide to drop your case, you are giving up the possibility of recovering compensation for your injuries.
It's estimated that 95% of personal injury cases never go to trial. Instead, these cases are settled outside of the courtroom through negotiations between the attorneys. Defendants who know they are liable for the injuries will typically attempt to settle out of court to avoid the cost of a trial. The plaintiff will sign an agreement that states he will drop the case in exchange for compensation from the defendant. The settlement may include compensation for medical expenses, lost wages, property damage, and emotional pain and suffering.
It's important to note that you do not have to agree to a settlement just because it is offered. You should always talk to your attorney about the terms of a settlement before agreeing to it to see what he thinks is best. In some cases, the settlement is too low, and the attorney will recommend rejecting the offer and taking the case to court.
The 5% of cases that are not settled outside of the courtroom will have to go to trial. There are two possible outcomes for trial cases: either the injured party will win or the defendant will win. If the injured party wins, the defendant will be ordered to pay the plaintiff compensation for his injuries. A jury will decide on the exact amount that the defendant will have to pay after listening to testimony, reviewing evidence, and analyzing the outcomes of similar cases.
The plaintiff does not always win at trial. If the jury does not believe the plaintiff is entitled to compensation, they may order the plaintiff to pay the defendant's court costs and attorney fees.
If the plaintiff or defendant is not happy with the outcome of the trial, both parties have a right to appeal the verdict within 30 days of the ruling. This means the case will be sent to an appellate court that will review it to determine whether the verdict was fair. The appellate court can either decide to stick with the original verdict or overturn it if it was found to be unfair or unjust.
To achieve the best possible outcome in you case, you will need an experienced and knowledgeable personal injury attorney. Contact James Rush at Rush Injury Law if you have been injured because of someone else's negligence. You can schedule a free consultation to discuss your case by calling 415-897-4801 or filling out the online form on our website www.rushinjurylaw.com .