We know that there are lots of injury cases that get handled by lawyers, but a frequent question is whether all of those cases go to court.  Over the years, I have heard many individuals in the Columbus area often wonder whether hiring me to help with their case means their case will end up in court. I am attorney Gary Bruce, and in this blog I will hopefully put that question to rest – and explain the circumstances under which a legal case might go to trial, emphasizing the processes involved in the decision.

Trial Necessity

It’s a common misconception that all legal cases handled by lawyers end up in court. In reality, the vast majority of legal matters are resolved long before reaching the trial phase. According to the U.S. Department of Justice, about 95% of personal injury cases are resolved through settlements before reaching trial. In Alabama and Georgia, that figure is closer to 98%. This trend highlights the efficiency of negotiations and mediations in resolving disputes without the need for a formal courtroom setting.

The vast majority of cases are resolved, settled, or dismissed long before a client has to take the stand in front of a jury. The point of hiring a lawyer is to minimize the possibility that your case will end up proceeding to trial while maximizing the value of the claim. And to keep insurance companies from dragging out cases, paying low settlements, or delaying resolution.

Legal Processes Explained

The journey of a legal case from inception to resolution involves several stages:

  • Treatment is the initial phase of the case for the client, while the attorney investigates the wreck and monitors related treatment.
  • Pre-trial demands and negotiations often resolve disputes before filing a lawsuit becomes necessary.  In our office, if our client and we believe it is in their best interest, an attorney prepares a demand “package” outlining the facts of the wreck, defines the injuries and treatment, and demands that the insurance company pay the at-fault driver’s liability policy limits.
  • If negotiations are unsuccessful, filing a lawsuit in the appropriate court may become necessary to avoid the claim stagnating.
  • Once a case is filed, depositions (sworn testimony) and the gathering of evidence are critical for building a strong case, whether it ultimately goes to trial or not.
  • Mediation is now commonly ordered and required and serves as a formal yet less confrontational forum for settling disputes with the help of a neutral third party. This method of alternative dispute resolution has become a favorite of judges and insurance company lawyers, because they want things resolved before a trial.
  • But, to be successful, a lawyer must be ready to reject offers at mediation and prepare for a trial. Preparing for trial is essential, even for cases that settle, as it shows readiness and seriousness, potentially leading to more favorable settlement offers.
  • Finally, getting on a docket for a trial can change the dynamic of negotiations, as it signals a readiness to litigate if necessary. Different judges handle their dockets in different ways; some will only move a trial date due to extraordinary circumstances, while others will move trial dates freely.

Settlement vs. Litigation

Understanding the difference between settling and litigating, from the outset of your case, is crucial. Settlement involves the injured party and the defendant (or their insurers) agreeing on how much money the victim should receive, without a trial.  Litigation is the process of taking legal action in court to resolve disputes over civil matters such as personal injuries. But even if you litigate a case, that is, file it, it does not mean you are going to have to go to a courtroom and tell your story before a jury.

But the truth is, getting full justice often requires that you prepare for trial and be ready to try the case.  Otherwise, the insurance company won’t take the case seriously.  This process involves filing a complaint, exchanging information about your past, your work experience, your medical history, and your family. It can necessitate taking and giving sworn testimony OUTSIDE of the courtroom in what are called depositions.  Most cases that get filed are required to go to mediation before a trial – so there are several steps along the way when sometimes the case can still be resolved.  It is not all or nothing.  Getting ready for an actual trial involves much more, including getting familiar with the courtroom setting, calling witnesses, and formally presenting evidence to the judge and jury.

Both routes have their pros and cons, and the choice of whether to litigate or settle largely depends on the specific circumstances of the case, the amount of compensation involved, and the willingness of both parties to negotiate.

Considering Your Options

For those considering a personal injury claim, here are several steps to navigating the process:

  • Consult with a qualified personal injury lawyer to evaluate your case. Do this as soon as possible after your accident.
  • Participate in gathering all necessary documentation related to your case for both the cause of the injury and the injury itself.  This includes getting documents together such as medical reports, accident reports, and any correspondence with insurance companies.
  • Consider any settlement offers carefully. Often, a settlement can provide a quicker resolution, but it may be less than what might be awarded in court. It might also represent a better result than a trial – every case has its own considerations. Be sure to think about any future medical needs, future lost income, and permanent limitations you may have because of the incident before making a final decision.
  • Be prepared to go to court if a fair settlement cannot be reached.
  • MOST IMPORTANT: work with a lawyer who shares information with you, participates in the preparation of the case, and lets you KNOW YOUR OPTIONS so you can make good and informed decisions.

Practical Advice for Non-Lawyers

For non-professionals who are trying to understand the legal challenges as their case progresses,  here are some things to do to help:

  • Always communicate openly with your lawyer about your goals for the case and your comfort with going to trial. Remember, most legal decisions your lawyer will make require your consent.
  • Understand that settlements can often provide a quicker, more cost-effective resolution.
  • Know that preparing for trial is a strategic move that can lead to better negotiation outcomes.

Local Real-Life Examples

In Columbus and Phenix City, there are numerous instances where filing a lawsuit has shifted the insurance company’s handling of a claim. For example, in local cases involving a tractor-trailer, our firm often decides to file early in the process because we want to develop the case, preserve evidence, and engage decision makers who know more about the case.  This often leads to the involvement of more experienced claims adjusters and lawyers-  and a more serious evaluation of their damages beyond just medical bills, ultimately resulting in a better result even when the client does not want to have a trial.  Litigation creates uncertainty, which is the kryptonite of insurance companies.

Rely on the Expertise of Gary Bruce

With over 30 years of experience in the Chattahoochee Valley, the Law Offices of Gary Bruce have built a reputation for trust and effective legal representation, evidenced by strong testimonials and online reviews. We understand the intricacies of legal procedures and strive to achieve the best outcome for our clients, whether that means settling a case early or fighting it out in court. If you’re facing a legal issue, contact us for a free consultation to explore your options.