Will my bodily injury case be tried? Here’s what to expect.


The personal injury experts weigh heavily.

There can be a lot of misconceptions about how personal injury cases are actually resolved. “We pride ourselves on being always ready for trial, but that doesn’t mean we take every case to court,” says Adam Zayed, Founder and Managing Partner of Zayed Law Offices. To that end, it is important to explore some common areas of confusion regarding suing a personal injury case in Chicago, as well as how the possibility of going to trial may affect your case.

Are bodily injury cases tried?

While some personal injury cases are ultimately resolved in the courtroom, the majority go through a resolution process that is sometimes completed before legal action is filed.

A case can end up in court for a variety of reasons. The most common is an inadequate settlement – a settlement that cannot cover the victim’s medical costs when the insurance company refuses to negotiate further. While insurance companies make money by rejecting claims, they are constantly looking for reasons to avoid paying.

Because of this practice of insurance companies, it is crucial to have a personal injury lawyer by your side when negotiating your settlement. An experienced personal injury lawyer will be able to determine if your compensation is adequate enough to cover all of your medical costs. Since there is always the possibility that other collection costs will appear after you agree to pay, the amount of your payment should reflect your actual collection costs.

As mentioned above, most personal injury cases settle well before they go to trial. As a result, many of the cases that go to trial are complex and involve a potentially enormous cost of recovery. Success in these cases depends primarily on the ability of a lawyer to build a case, present it to the judge, and present a convincing, evidence-based argument on behalf of the victim.

How is a personal injury trial different from a criminal trial?

When most people view a trial in court, they immediately begin to think of tense scenes from shows like Law and order.

Real-world personal injury trials are very different from prime-time television trials. The objective of these trials is to convince a judge or jury that the injured party – or the plaintiff – has been harmed by the negligence of the defendant. Therefore, the defendant should be held liable for his damages accordingly.

Lawsuits are inherently uncertain, and lawsuits that relate to negligent behavior even more. Instead of trying to prove that the accused is guilty of a felony, the success of a personal injury trial is to establish that the accused is directly responsible for the harm by failing to meet a legal standard of care.

Therefore, a personal injury case in the courtroom depends on proof that the injury would not have occurred if the defendant had acted more responsibly.

At the heart of these trials is what is often referred to as the “café-en-chef,” a stage in which both sides present their evidence and arguments to the jury. During this time, the plaintiff’s attorneys may call a variety of witnesses to testify, such as passers-by who were present when the accident took place. Lawyers also use expert witnesses, who are subject matter experts in areas such as hospital diagnostic policy or auto accident injury, who will testify about the circumstances and severity of the plaintiff’s injuries.

In addition to witnesses, the plaintiff’s attorneys may also use physical evidence, such as medical reports, documents and photos of the scene. The defense is also allowed to respond to these allegations by presenting their own evidence.

How does the lawsuit affect my personal injury case?

There is always some risk involved in bringing a personal injury case to justice. However, it should be noted that even lawyers most prepared for trial will not suggest going to trial until an initial settlement has been proposed and negotiated.

Taking a case to court usually means it will take longer to resolve. On average, settlements are resolved in three to six months, while lawsuits can take twice as long.

The biggest difference in an essay, however, is the degree of risk it poses. It’s entirely possible to take a case to court, go into a year-long process and walk away empty-handed. That is why it is vitally important to choose the right personal injury lawyer to represent you.

A Note on Personal Injury Cases at Zayed Law Firms

This article would not be possible without the expertise of Adam Zayed of Zayed Law Offices.

“Zayed Law Offices prepares each personal injury case as if it were resolved by a lawsuit. It gives us a level of commitment, nuance and investment in each of our cases that you don’t find in most law firms. . Since 2009, Zayed Law Offices have been protecting the rights of people who have suffered injustice from personal injury in Chicago and surrounding areas. “

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