Will My California Personal Injury Case Go to Trial and What Will Happen if it Does?


At Hanning & Sacchetto, LLP, our Whittier personal injury attorneys know that most California civil cases are resolved through settlement negotiations outside the courtroom.

Across the country, it is estimated that approximately only 5% of civil cases proceed to trial.

Determining whether you claim settles outside of court or goes to trial is highly dependent on the unique circumstances of your case.

The following are some of the variables that may influence our Los Angeles County personal injury attorney’s decision to reject the insurance company’s pre-trial settlement offer, or the insurance company’s decision to take the case to trial.

Reasons Your California Personal Injury Case May Settle Before Trial

Depending on the circumstances of your case there could be multiple reasons why it may settle out of court.

When the liable party’s insurance company knows that you have been severely injures and that your personal injury lawsuit will succeed at trial, they may choose to settle and avoid the expense of going to court.

Another reason is that the settlement offered by the insurance company is fair and comparable to what you would be awarded at trial.

Our skilled Whittier accident lawyers will outline your complete legal rights and options, so you can make informed decisions about the direction of your case — including when and when not to accept a settlement offer.

Common Reasons Your California Personal Injury Case May Go to Trial

Like the reasons your case may settle outside of the courtroom, there are multiple reasons why the case may proceed to trial.

They include:

  • The insurance company believes they will win the case. As such, they will reject your claim and wait for our law firm to file a lawsuit to proceed to trial.
  • The financial recovery demanded by our law firm is too high for the insurance company to settle without fighting the claim.
  • There are disagreements as to key facts of an incident. Often times, where insurance companies disagree on whether an injury is related to a specific incident, the only way to change their mind is with a jury trial.

In some cases, going to trial is a matter of principle. Insurance companies attempt to send a message that they will not simply pay a claim because one is presented.  Instead, they will push cases to trial so that word will spread amongst other injured persons to discourage them from bringing claims in the future.

What Happens During a Personal Injury Trial in California?

During personal injury trials in California, the jury must determine if your injuries were caused by the defendant, and how much money they should pay in compensation.

To get to the verdict, both sides will make opening statements and then submit evidence, including witness statements, accident photos, expert testimonies, and surveillance footage that support their claims.

Each side will have the opportunity to cross-examine the witnesses and make closing statements before the jury convenes to make a judgment.

In California, a jury is made up of 12 individuals. For you to receive compensation, our personal injury lawyers will need to convince nine of the jury members to side with you.

Contact Our Experienced Personal Injury Attorneys in Whittier, California

If you have been hurt in an accident caused by another person or party’s negligence in California, contact our skilled personal injury attorneys in Whittier at Hanning & Sacchetto today by calling (562) 698-6446 to schedule a free consultation.

 

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