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Personal Injury FAQ

Will My Personal Injury Case Go to Trial?

In a personal injury and wrongful death case, the primary goal is to secure a timely recovery. This is often accomplished through informal talks and formal discussions that are commonly called "mediation" sessions. At a mediation session, lawyers and both parties are present at the conference table. The lawyers will speak for their clients, presenting each side of the case. The mediator that is present to steer the course of the session will ask questions of the parties themselves and after this session is over, ask questions of each side individually.

Each case is prepared as if it was going to trial, so every case has the possibility of doing so. If attorneys present strong enough cases at mediation, the case may settle before trial. However, settlement is not always an option. Attorneys always must be ready to go to court, even if the case never makes it that far. If a settlement is not able to be reached in mediation, then the case will proceed to trial, where a jury will decide the case.

Whether it is by verdict or settlement, the job of the lawyer is to gain substantial recoveries for their clients. If you are worried about going to court, don't be. Many cases settle before they ever reach a jury. Even if this is not the case and your case does have to go to court, it is important to work with lawyers who have successful personal injury cases on their records. Making sure you have as much information and evidence as possible on your side as well as a good attorney is the most you can do in determining whether or not your case goes to court.

Many Personal Injury Cases Don't Go to Trial

There are specific reasons why many personal injury cases don't go to trial:

  • The parties want to avoid the time and cost of going to trial.
  • The value of the case is small enough that it doesn't warrant a long, expensive courtroom battle.
  • The plaintiff's attorneys put enough pressure on the defendant to pay a fair settlement.

Some attorneys only take cases that they know will settle, as they want to avoid court altogether. At Arnold & Itkin, we take the approach that is best for our client and the outcome of their case, whether that is to settle out of court or to take their case before a jury. Because we are highly experienced in and out of the courtroom, we can achieve outstanding results either way. Our reputation precedes us, giving our attorneys an edge in either scenario.

Why Trial Is the Best Option for Some Personal Injury Cases

Sometimes, the only way to get an ideal result is by going to court. Reasons include:

  • The defendant (at-fault party) will not offer a fair settlement.
  • The at-fault party denies all responsibility for the plaintiff's injuries.
  • Settlement negotiations have been unsuccessful, despite the parties' best efforts.

Put Leading Trial Lawyers in Your Corner

Arnold & Itkin is a known leader in personal injury litigation. We go to trial when we believe it is the best way to get an ideal result for our client, and our opponents know this. That means that we are often able to settle cases long before they reach the courtroom, securing results that other firms would simply not have the resources or power to achieve. We do this because we know we are fighting for life-changing results for those who need it most.

For example, we represented a woman who lost her husband in an industrial accident. The defendant, a piping repair and maintenance company, tried to deny fault. They refused to reach a fair settlement, so we went to trial. The jury delivered a $222 million verdict that acknowledged the pain and suffering our client's husband endured before he lost his life. It acknowledged the losses that our client experienced, helping her secure a more stable future. It showed the power of doing whatever it takes to see justice served.

Most personal injury cases do not go to trial, but if you work with Arnold & Itkin, you can be guaranteed that we will take whatever approach is in your best interests. If we can reach a fair settlement, we will. If we must go to trial on your behalf, we'll be ready to fight for the outcome you deserve. No matter what.

To find out more about whether your personal injury case will go to trial, call (888) 493-1629 today. Your consultation is free.

Case Results

Check Out Our Victories

  • $8 Billion Top 3 Largest Jury Verdict in U.S. History Arnold & Itkin LLP tried a Risperdal case against Johnson & Johnson for failing to warn about one of the drug’s most damaging side effects: gynecomastia. Our skill, hard work, and dedication resulted in the third-largest jury verdict ever obtained ...
  • $357 Million Largest Workplace Accident Settlement in Texas history Arnold & Itkin LLP secured a massive nine-figure settlement against a transnational corporation for a workplace incident. The settlement set a Texas record for being the largest personal injury settlement in the state’s history.
  • $222 Million Record-Breaking Verdict for Widow Our firm won $222 million for a woman who lost her husband in an industrial accident caused by a faulty valve. We took the case to trial because the at-fault company refused to take responsibility. The jury saw through the corporate lies and double ...
  • $205 Million Confidential Settlement Obtained for Numerous Clients Arnold & Itkin reached a record $205,000,000 settlement on behalf of clients after several years of hard-fought litigation. The case settled just before trial was set to begin.
  • $139 Million Massive Settlement Achieved for Victims of an Oilfield Incident Arnold & Itkin LLP negotiated a huge $139,000,000 settlement for injured families affected by an oilfield incident in the eastern United States, settling one week before trial.
  • $117 Million Largest Single-Event Personal Injury Verdict in Louisiana History Arnold & Itkin represented a pregnant woman who experienced stomach pain and called Acadian Ambulance. The driver of the ambulance drove the ambulance into the back of a sugar cane truck causing the plaintiff's spine to be severed at T4 and for her ...
  • $116 Million Confidential Settlement Arnold & Itkin LLP negotiated a massive nine figure settlement on behalf of their clients after several years of hard fought litigation.
  • $114 Million Settlement Won for Victims of Pipeline Explosion Offshore injury lawyers at Arnold & Itkin fought for two workers who were injured in a pipeline explosion at sea, one of whom passed away. Our relentless investigation and advocacy resulted in a nine-figure settlement that will provide for our ...
  • $110 Million Record Settlement Achieved for Victims of Defective Products Arnold & Itkin obtained a record settlement for individuals harmed by defective, dangerous products. The result exemplifies our commitment to clients and justice for those seriously injured by the conduct of others.
  • $105 Million Record Settlement for Dangerous Product Victims Arnold & Itkin’s legal team helped represent those harmed by dangerous products. We were successful in recovering a $105 million settlement.
See All Results
“I told him, ‘Kurt you’re my hero. You’re my knight in shining armor.’”
Mildred El Faro Widow

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