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Will I Have To Go To Court For My Personal Injury Claim in Winston-Salem?

The short answer is: maybe. Whether or not you need to go to court for your personal injury claim is dependent on a variety of factors unique to your case. With that being said, the vast majority of personal injury cases are settled outside of court. 

Taking personal injury cases to trial is rarely advantageous for anyone involved. Contact our personal injury attorneys today for a free case review, and we’ll be able to provide professional guidance for your unique case.

What Percentage of Personal Injury Cases Go To Trial?

Personal injury cases rarely go to court, as the vast majority of them are settled through negotiation. The general consensus is that only about 5% of personal injury cases end up going to trial (according to studies from the DOJ, American Bar Association, and more).

What Makes a Personal Injury Claim Go To Court?

There are many reasons a personal injury claim may go to court, most of which come after negotiations outside of court have failed. Here are the most common causes:

1. Disputed Liability 
2. Disagreement on Damages 
3. Insufficient Settlement Offers
4. Complex Cases
5. Lack of Negotiation
6. Desire for Public Resolution
7. Bad Faith by Insurance Companies
8. Legal Strategy
9. Statute of Limitations

Is It Better To Go To Court or Settle Outside of Court?

The short answer is: it depends. Whether it’s better to go to court or settle outside of court for a personal injury claim depends on the case’s unique details. Here are some pros and cons for both options to help determine the best course of action.

Settling Outside of Court
Time & Cost
Stress Reduction
Potentially Lower Compensation
No Legal Precedent
Going to Court
Potential for Higher Compensation
Public Vindication
Legal Precedent
Higher Costs
Stress & Inconvenience
Public Exposure

Factors to Consider

A good way to think about the two options is that going to court usually represents a higher-risk, higher-reward option, while settling outside of court tends to be a lower-risk, more certain option. 

With this in mind, it’s important to consider the following factors:

  1. Strength of Your Case: If the evidence strongly supports your claims, going to trial might be advantageous. Conversely, if your case is weak, settlement may be the safer option.
  2. Settlement Offer: If the settlement offer is fair and reasonable, it might be preferable to accept it rather than risk a trial.
  3. Personal Circumstances: Your financial situation, health, and personal stress levels are all important considerations when deciding to settle or go to court.
  4. Legal Advice: Consulting with an experienced personal injury attorney can provide valuable insights into the best course of action based on the specifics of your case.

Ultimately, the decision to settle or go to court should be made after carefully weighing the pros and cons, considering the specifics of your case, and seeking professional legal advice. Our team of North Carolina personal injury attorneys are well-equipped to guide you toward an optimal outcome. Contact us today for a free case review.

What Happens if My Personal Injury Case Goes To Court? 

If your personal injury case goes to court, it will proceed through a specific legal process. Here’s a detailed step-by-step overview of what to expect if your personal injury case goes to trial.

1. Filing the Lawsuit
2. Pre-Trial Procedures
3. Settlement Negotiations
4. Trial Preparations
5. The Trial
6. Post-Trial
7. Enforcement of Judgement

So, Should You Settle or Go To Court?

If you’re still uncertain of which option is best for your case, consult with an experienced personal injury lawyer. They will be able to closely review your case and apply their professional insight to determine the best path forward. In most cases, settling outside of court is the best option, but sometimes going to trial is necessary.

Contact our personal injury lawyers today for a free case review. We’ll help determine the best path forward to achieving maximum compensation for your damages. You can find our law offices in Winston-Salem and Greensboro below.