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Can I Expect That My Personal Injury Case Will Go To Trial?

Can I Expect That My Personal Injury Case Will Go To Trial?

The short answer to this question is “probably not,” and this answer often surprises clients.

It is interesting to know that relatively few personal injury cases actually end up going to trial. What more frequently transpires is that the parties involved in the case arrive at a mutually acceptable settlement agreement, such that the intervention of the court system is not necessary to resolve the issue to the satisfaction of the parties involved. Settlements are prompted by many factors, and attorneys on either side of the case are usually receptive to settlement discussions because settlements offer a variety of benefits for all parties involved.

Why Do Settlements Happen?

There are many reasons why personal injury settlements talks are initiated before a case makes it to trial. Some reasons are addressed below.

  • One attorney has established history of success in the courtroom. When an attorney or law firm has an established history of winning cases before a court, the opposing counsel may elect to try for a settlement rather than face likely defeat in court.
  • The parties want a quick resolution. Settlements usually result in quick resolution, as opposed to court proceedings, which can drag on and on. Court proceedings must be scheduled in advance, the parties involved are usually required to appear in court and the proceedings may take many months to conclude. If a case is decided, but is then appealed, this can draw out the proceedings even further. Sometimes it is easier to simply have the parties, or the parties’ legal representatives, sit down together at a table and hash out a mutually agreeable settlement.

Why Settle Your Chicago Personal Injury Case?

Settling out of court is often cheaper, faster and easier than pursuing the case all the way to and through court.

  • Settlements can reduce the amount of time everyone involved spends on the case. A settlement can greatly reduce the number of man-hours that go into resolving a case. Settlements are limited to the parties involved, or sometimes include a mediator or arbitrator to help the settlement negotiations move along.
  • Settlements greatly reduce the amount of stress on everyone involved. Going to court is the legal equivalent of going to battle: the attorney’s objective is to come out as the winner and the client is wrapped up in the anxiety that comes with awaiting judgment.
  • Settlement frees up resources. Settling cuts short a lot of process and time, which in turn frees up resources that can be used for other things. Settling concludes the case to the satisfaction of the clients, relieves the attorneys of the case, and allows the court system to hear other cases that truly need the intervention of the court to resolve.

Contact a Personal Injury Attorney

Only approximately 10% of the personal injury cases we accept at Willens & Baez actually make it to trial. The other 90% of our cases settle outside of a courtroom. If you are in need of representation, do not hesitate to contact an experienced personal injury attorney at  Willens & Baez today for a free consultation either online or by telephone at (312) 957-4166.

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Why Choose Willens & Baez

Millions in Case Verdicts & Settlements

Over the past two decades, Mr. Willens and his team of Chicago personal injury lawyers have been instrumental in obtaining numerous million-dollar-plus recoveries on behalf of clients in a wide variety of injury cases. One of the personal injury verdicts he was involved in was recognized by The National Law Journal as one of the Top 100 Verdicts in the country in the year in which it was tried. One of the verdicts he helped secure set a state record.



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