U.S. Government statistics show that only a mere 5% of all personal injury cases go to trial. This means that your case has a 95% chance that it will be settled without trial. So, if you are worried about bringing a personal injury claim because you are scared about going to trial, you should not worry. There are a lot of factors and circumstances that have to present in order for your claim to make it all the way through a bench or jury trial. A bench trial is when the judge determines the verdict. A jury trial is a trial where people from your community make a decision regarding your accident and how much an injured victim should be awarded.
When you present your case to a veteran lawyer, he/she will likely have an idea as to whether your claim could be part of the 5% that go to trial. And if your case is part of the 5%, this should not scare you, if you hired the right lawyer. Your lawyer will guide you through the trial preparation steps and advise you as to what to expect.
A good lawyer prepares every case like it is going to trial. That way if settlement negotiations break down at the last minute, the attorney is prepared to resolve the matter in court. Veteran trial lawyers spend a lot of time doing the following before trial:
- Preparing witnesses
- Creating demonstrative evidence to show in court (like diagrams, pictures and other visual aids)
- Creating trial binders for the judge and jurors
- Serving subpoenas on trial witnesses
- Preparing opening and closing statements
- Accumulating medical records and bills to submit to the jury
- Obtaining lost wage and future medical treatment cost reports
Many cases settle at the “doorsteps of the courtroom.” This is a strategy of many plaintiff attorneys because sometimes the defendant insurance companies save their best offers for the moments before the trials begin. And I have often seen some cases settle in the middle of trial because one of the sides begins to rethink the strengths of his/her case and decides to accept an offer that he/she previously was not inclined to accept.
If you have questions about trial or pre-trial negotiations, contact the Law Office of Donald D’Aunoy Jr. today. Lawyer Don can be reached at 504-508-6414 or don@lawyerdon.com.
Lawyer Don is a personal injury attorney with offices in New Orleans, Kenner, Metairie, Harvey, and LaPlace. Lawyer Don represents clients throughout southeast Louisiana, and he gives free house calls to all of his clients.
