The Costs And Benefits Of Going To Trial

Deciding to go to trial is a choice that ultimately is left up to the client after consultation with counsel. There are countless considerations that will be unique to your situation, and many different factors that you should discuss with your attorney before choosing how to proceed.

How The Cost Of Trial Impacts Your Amount Of Compensation

A typical fee structure for an attorney in a plaintiff injury case is based on percentages. For example, the attorney may receive a percentage of the settlement when the case is first signed. If the case can be settled with a few phone calls then the attorney’s fee may be 25%. However, if a lawsuit needs to be filed, the percentage may increase to 33%. If the case actually goes to trial, the fee goes up 40%. Finally, if the case goes up on appeal, usually the fee goes up to 45%.

The attorney is risking a lot by taking a case all the way through litigation. It costs money to file a lawsuit, and there are additional expenses for discovery, depositions, interviews, and damage assessment. There is also the cost of time spent on these actions. A legal case can be very costly and time-consuming to prepare for, particularly if it goes to trial. The stakes are also high at trial, as there is always the risk that the case could be lost. Therefore, attorneys typically charge more for their services as a case progresses. This allows them to recoup their costs and compensate for the additional risk involved.

As a result of being able to recoup their costs and compensate for the additional risk, those who are injured and involved in lawsuits are often better off financially if they settle out of court. While their potential for recovery may be higher if they take their case to trial, the amount they will have to pay in attorney fees also increases throughout the process.

The Risks And Rewards Of Going Before A Jury

There’s no foolproof way to predict how much a jury will award in a trial because there are so many variables that can come into play. I’ve seen cases where the jury didn’t understand the evidence, and I’ve seen cases where they did. It varies depending on the situation.

If the jury understands the evidence and they are given the correct instructions by the court, they will typically award a greater amount of damages. However, if an expert witness testifies improperly at trial, or if the plaintiff says something incriminating, it can affect how the jury decides the case. The jury may even decide in the plaintiff’s favor, but they may only award nominal damages. There is no hard and fast rule.

Jury selection is an important process that can have a big impact on the outcome of a trial. It’s important to do your best to choose jurors who you believe will be fair and objective. However, it’s important to keep in mind that people may not always answer questions accurately during the pre-trial voir dire.

The Greatest Threat To A Claim Is Often The Claim Itself

There are many people who claim to be injured but are able to do things that show they are not actually that hurt. For example, someone might say their back prevents them from standing for long periods of time – only to be seen on video water skiing a week later. This sort of thing casts doubt on the validity of such claims.

One of my clients was involved in a car accident with a young woman who claimed to be severely injured. However, social media posts showed her doing things like jumping on a trampoline and water-skiing. The woman was not truthful about the extent of her injuries, according to the videos.

She had testified that she was unable to work or do anything other than stay at home because of her neck problem, but the video showed her doing a variety of other activities. Even though our client did cause the accident, this affected how much we were willing to pay her. As an attorney, you have to be on your toes to manage scenarios like this. That’s another reason you absolutely require a talented civil claims lawyer on your side.

In Conclusion

Trial can provide a necessary and massively beneficial step in some cases. In others, it can prove to be the downfall of a person’s ability to manage these claims. No matter what you choose to do, it’s always best to talk through the pros and cons of your unique situation with an expert who can provide the insight you need to make an informed decision.

For more information on Civil Claims Law in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (713) 270-0097 today.