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Benefits and Drawbacks of Going to Trial in a Personal Injury Case

personal injury case

Accidents can be devastating and traumatizing. An accident can cause many types of losses to the victim. The following are some of the losses a victim will sustain:

  • Medical bills
  • Lost wages
  • Loss of earning capacity
  • Property damages
  • Pain and suffering
  • Loss of companionship
  • Reputational loss

The above losses can disrupt a victim’s life. Filing a personal injury claim is the only way to recover these losses. To be successful in a personal injury claim, visit websites like They have all the resources you need to get fair compensation for your losses.

Most personal injury claims are settled outside of court. Only 4% of personal injury cases go to court. But sometimes insurance companies force victims to go to court.

Is going to court for a personal injury case worth it? Let’s find out.

Pros of taking your personal injury case to court

1. Potential for higher compensation

The primary reason you go to court is that the insurance company didn’t agree to a fair settlement. In court, you can get fair compensation and more. 

You can get punitive damages in court, which is not possible in an out-of-court settlement. Punitive damages can significantly boost your total compensation.

2. Holding the negligent party publicly accountable

In an out-of-court settlement, the public will not know the egregious actions of the defendant. Publicly holding the negligent party accountable for their actions is important because it can deter them from engaging in such behavior.

In addition, making the issue public can help create awareness among people. Many will stop engaging in such behaviors. Also, other victims will come forward to file claims when they see your case.

3. Closure

Winning a court case can give you a sense of closure. When the defendant is publicly held accountable, it means that justice is served.

The victim will suffer from the losses caused by the accident. Seeing the defendant punished for the crimes they committed can provide the closure the victim needs.

Cons of taking your personal injury case to court

1. Lengthy and complicated process

A lawsuit is lengthy, stressful, and complex. You would be clueless without a lawyer. The average time it takes to resolve a civil case is between 2 and 3 years.

A minor mistake can cost you the case. If you are financially stable, then there won’t be any problems. But if you need compensation immediately to pay off the bills, then you need to speak with your lawyer.

2. Uncertainty in the outcome of the case

The settlement process is a simple procedure, whereas a court case is volatile. You have no control over the outcome of the case.

You can do your best and leave it to the jury. After that, all you can do is pray. It is possible to lose the case even after giving your best.

3. Trials can be stressful

You will already be in pain. A lawsuit is just an added source of mental stress. As said, a lawsuit is complicated, and no one can predict the outcome, so it will be very stressful for you.

Of course, when you can’t do anything about a problem, you will be stressed. On top of that, insurance companies will constantly nag you.

4. Expensive

A trial is much more expensive than a settlement process. Personal injury lawyers get paid only if they win the case. So the risk is relatively higher for them. Lawyers will also charge more for trials.

In addition, there will be many court expenses, such as court fees and hiring expert witnesses, to name a few.

Final Thoughts

In some cases, going to court is a must. Regardless of the cons, you must go to court to obtain fair compensation. If you are thinking about going to court, speak with your lawyer. Only proceed to file a lawsuit if they are confident about your chances.

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Editorial Director
I'm Shruti Mishra, Editorial Director @Newsblare Media, growing up in the bustling city of New Delhi, I was always fascinated by the power of words. This love for words and storytelling led me to pursue a career in journalism. In this position, I oversee the editorial team and plan out content strategies for our digital news platform. I am constantly seeking new ways to engage readers with thought-provoking and impactful stories.

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