If you are planning to file a personal injury claim in Des Moines, you may be wondering if it can go to trial. Often, your claim goes to trial if you and the other party can’t reach a reasonable claim settlement. Experienced RSH Legal – Iowa Personal Injury Lawyers will walk you through all the steps involved in the personal injury claims process from filing to negotiating a settlement to taking your case to court.
What are Personal Injury Cases
Personal injuries develop if the negligence of another person harms or injures another person. Personal injury cases include motor vehicle accidents, medical malpractice, product liability, and premises liability. The at-fault party should take responsibility for your damages and injuries that result from their negligence.
As you start legal proceedings, different procedures follow. Your lawyer will investigate the incident, collect evidence to prove negligence, and determine the value of your losses. Then, they may demand a settlement from the insurance company of the at-fault party. The settlement stage can include different offers and counteroffers until both parties reach an agreement. Most of these cases are settled without going to court.
When Can a Personal Injury Trial Occur?
If the at-fault party or their insurer refuses to make a fair settlement offer, your attorney will take your case to court. once a lawsuit is filed, the trial process starts. However, it is still possible for both parties to resolve the case without court intervention. The possibility of a trial and the increasing costs of your medical care can spur the insurer of the negligent party to offer maximum and fair compensation.
What’s Involved in a Personal Injury Trial
Once your personal injury case goes to trial, a judge or jury will review the evidence presented by both parties and award damages. The lawyers present evidence like witness testimony, police reports, and medical records to prove fault. Once the jury hears the arguments, they will deliberate and give their verdict.
In general, legal proceedings prolong your case. That is why courts usually factor legal fees and costs into the damages they award. When your case goes to court, there will be pre-trial processes, presentation of documentation, deposition, and independent medical examination.
But your attorney will try to settle before the case ends up in court. Initially, they will demand monetary compensation based on the injuries and damages you have suffered. Most injury cases are settled to avoid the costs and stress associated with litigation.
