Will my personal injury case go to court?

If you’ve been injured in an accident, you may be wondering what happens next. You may be wondering if you even have a case or if you’ll need to go to court to obtain compensation for your injury or loss.

Will my personal injury case settle before going to court?

In most cases, car accident personal injury claims settle during the pre-trial phase. Determining whether your case goes to court depends on how much the insurance company is willing to pay in settlement. Having an experienced attorney working on your behalf can help you get more for your insurance claim. The statistics show that for claims that involved an attorney, the injured party or parties received significantly more in a settlement. However, there are times when the insurance company will low-ball a settlement offer and you have no choice but to fight. In this case, you will need to take your case to court to fight for compensation. Your attorney can help guide you in this decision by giving you information about how common your type of accident is, what the average settlement award is for cases like yours, and how likely it would be for your case to win at trial. Either way, you need an attorney on board who is willing and experienced to fight for you and get you the compensation you deserve.

How much does it cost to hire a personal injury attorney?

Most personal injury attorneys work on a contingency basis. This means you don’t pay anything unless they get you money for your case. If you don’t get any money for your case, then you owe nothing. In a contingency case, the attorney only gets paid if they get you money, so it’s in their best interest too, to get you the most for your case. In most cases, personal injury lawyers will receive about one-third (or 33%) of any settlement or award.
When it comes to going to court with your case, you attorney will advise you based on their experience. If it’s possible to increase a reward for a case, the attorney will advise you of your options and risks for going to trial.

  • What factors influence a decision to go to trial or to accept a settlement offer?
  • The extent of the injuries suffered
  • Lost wages, property damage or other damages
  • The cost of treatment
  • Projected future medical expenses
  • The injured person’s income and earning capacity
  • Age and family situation / impact
  • Jurisdiction, precedence, and community norms

Is it better to settle a case before going to trial?

In some cases, not all, it may be better for both parties to settle before going before a judge and jury. One of the main reasons is to avoid lofty costs associated with going to trial. With a trial, neither side can predict a win, so there is an amount of risk. That’s why you see cases resolved in a pre-trial settlement.

As a result of the potential costs, you could potentially see a bigger return from a settlement than an award from a verdict. For example, your case may win a $750,000 verdict, but in order to effectively present the case, the attorneys had to spend $300,000 in expenses and costs. By the time the costs, along with the fact that trials can be lengthy, some lasting years, it may be a better solution to settle pre-trial. This is something that you’ll need to discuss in detail with your attorney.

What are the costs and expenses of going to court?

There are some additional costs for cases that go to trial. Typically, the personal injury lawyer will cover those costs and expenses as they crop up and then deduct them from your share of the settlement or award.
Some examples of expenses incurred when going to trial:

  • Cost of obtaining medical records
  • Police reports
  • Expert witnesses
  • Postage and courier fees
  • Filing fees
  • Investigators and other experts
  • Depositions
  • Transcripts
  • Trial Exhibits

At the Jaspon Firm, we are willing to fight to get our clients the best possible compensation. If that means going to trial, then we are prepared and equipped to proceed down that path. However, if we feel a settlement may be a better decision based on the circumstances, we will tell you so. We’ve won millions for our clients — some in settlements and some in court. We always stand up for what’s right.


When someone else is responsible for causing injuries or damages, they should be held accountable – especially when their negligence has caused serious harm to another person or family. At The Jaspon Firm, we believe in fighting hard on behalf of our clients so they can focus on getting better while we take care of all the details involved in pursuing compensation from those who were negligent or reckless behind the wheel or elsewhere. We know how much pain and suffering comes with being hurt by another person’s actions – which is why we’re committed to helping people recover financial compensation after an accident that wasn’t their fault.

You might have questions about your case and how it will proceed through the legal system. The good news is that if you’re facing a personal injury claim, there are many ways to get answers to your questions. We can help! Our Orlando Personal Injury Lawyers at The Jaspon Firm are here for our clients with free consultations and no fees unless we win your case.

Let us put our experience to work for you today! Call us now at (407) 513-9515.

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