Why Personal Injury Cases Go To Trial

How do we decide which cases should be presented to a jury? In most circumstances, there are several steps we’ll try first to reach a fair settlement without asking our clients to set foot in a courtroom.

When someone first contacts us, the first thing we do is decide whether the claim has merit. Neither we nor our clients benefit from pursuing a bad case. We must ask is this a legitimate claim? Is it within the statute of limitations? Is there substantial evidence to support the claim? What are the damages we feel comfortable asking a jury to pay our client? If we are not comfortable with the answers to these questions, we will not handle the case. We do not take frivolous cases. We devote our energy to the valid claims of our clients.

We work hard for our clients. When we take on a case, we will interview witnesses, review all of the evidence, and consult with experts as needed. When we have a good understanding of  the entire case, we usually will try to resolve the case directly with the insurance company without filing suit.

Most Personal Injury Cases Settle, But Some Go To Trial.

Some cases will not settle unless both sides have a detailed understanding of the other side’s position. This usually requires us to file a law suit. In this litigation process, we are able to obtain further information from the defense to learn everything there is to know about the claim. We also share the information that the defense is entitled to so they’re able to evaluate the claim fairly.

Once both sides have all of the information they need to evaluate the claim, we will again try to settle the claim. If we cannot resolve it through direct negotiations, we might use a mediator to aid the settlement discussions.

We do not determine the value of your case. We must consider the amounts juries or insurance companies have paid on comparable claims in the past. If, however, the defense will not treat our client fairly by making an adequate settlement offer, we are prepared to try the case in front of a jury to obtain appropriate compensation for our clients. We have trust in the Vermont jury to make a decision that is fair to our clients.

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