Posted by: Kemmy Law Firm
Nearly all personal injury cases settle, most of them before trial. Many factors go into deciding whether to settle a case or take it to trial. But it’s ultimately up to the parties, not the lawyers, to choose what happens.
Strong cases with reasonable parties are the ones that generally settle. If there’s evidence the defendant is at fault – like they admitted it to a police officer, there’s security camera video, or witnesses support your case – and there’s clear evidence of the harm you suffered, a reasonable insurance company won’t want a trial. Clear proof of harm against you includes a diagnosis that isn’t disputed, a solid paper trail of your treatment, or out-of-pocket losses. If the insurance company is acting reasonably, it will offer a fair amount, and a reasonable client will take that offer, resulting in no trial.
Some clients want everything but a trial. They’re willing to take a lower settlement offer so they won’t have to deal with a trial. There are also clients on the other end of the spectrum. When they first see us, they’re outraged because of what happened to them. They see a trial as the only way the case should end.. They don’t want to settle; they just want their day in court.
When we discuss car accident cases with those on both ends of this issue, we try to encourage a wait-and-see approach. Some cases are best tried; others are best settled, and it’s hard to know which is the best course of action at the beginning of the case.
Trials take time and cost money. They can also be stressful, especially if you’re testifying and there’s a lot on the line. We make the trial process as easy as we can. We will thoroughly prepare you for the trial. Before it starts, we may have a mock trial, with one of our attorneys playing a defense attorney, so you can be better prepared to answer.
For clients who wish to try their case, we discuss the costs and benefits of doing so. Sometimes the defendant’s offer may be fair and reasonable, and going to trial could be a needless risk of losing that. The decision to go to trial boils down to understanding what the client wants and understanding the risk.
Trials concern two issues:
If it’s decided the defendant’s not responsible, the case ends. No damages are awarded, and you get nothing. If liability is disputed, and the evidence supporting you isn’t overwhelming, it may make more sense to accept the offer because there may be a good chance the verdict will go against you.
If the insurance company doesn’t dispute liability but disagrees with us about your damages, going to trial may make more sense if you have evidence. A jury may be sympathetic to you if the other party’s clearly at fault and may decide to lean in your favor.
Even though most cases won’t go to trial, we prepare every case as it is going to trial. If negotiations don’t go well, we can’t get ready for trial at the last minute. If we do, your case will suffer, and we won’t accept that. We can show we’re building the foundation of your trial during negotiations. The insurance company will know we’re ready to go if necessary so that they will take us seriously. This may result in a better settlement offer.
The fact we’re experienced trial lawyers helps too. You don’t want to pay an attorney to learn on the job, especially when your case is on the line. The Kemmy Law Firm has more than 50 years of experience representing injured clients, negotiating settlements, and representing them at trial. The insurance companies know we’ve been successful in the past, so they don’t take us lightly.
The Kemmy Law Firm helps injury victims and their families in the Permian Basin. Don’t accept a settlement or speak with an insurance company without contacting us. Call the Kemmy Law Firm at (210) 750-1019 for a free, no-risk consultation.
Get a free consultation. We do not charge up-front fees, and you owe nothing unless you recover compensation.
When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience. We are dedicated and successful trial attorneys practicing in West TX, Hobbs, NM, Midland-Odessa, and across the Permian Basin. Our team handles everything from catastrophic injury claims to complex business matters. We are here to fight for you. We dedicate our time and attention to your case and use every resource available to maximize your claim and obtain the best possible outcome.