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Will My Personal Injury Case Go to Trial?

Despite having the most compelling evidence to support your claim and persistent negotiations, your personal injury claim may fail to be settled out of court. The insurance company might turn out to be too stubborn and deny your claim, stating that its insured was not responsible for your injuries. Or it may lowball you so badly that you decide to fight further.

Whatever the case, if your negotiation strategies have failed to get you a fair settlement, it might be best to take your claim to court. If you are concerned about how long a lawsuit might take, you might want to consider pre-settlement funding to get you through in the meantime.

Direct Legal Funding provides lawsuit settlement loans against a percentage of your expected settlement amount. Pre-settlement loans are non-recourse, meaning if you don’t recover compensation from your lawsuit, you do not need to pay the loan back. Speak with one of our lawsuit funding to learn more.

What is the Difference Between a Settlement and a Trial?

A settlement is when the defendant (the person/company responsible for your injuries) or their insurance company presents you with an offer of compensation. This offer is usually presented before the lawsuit is filed, but it can also be made once the trial begins. If you agree with the settlement amount, you sign a release and the claim is resolved.

When the claim goes to trial, instead of the insurance company, a judge and jury impose a verdict to resolve the dispute. Both sides get the equal opportunity to call witnesses, present evidence, and tell their side of the story.

It should be noted that although it’s possible that once your case goes to trial, you may receive way more money for damages than you previously thought, trials tend to be riskier. This is because of the involvement of a jury; it can be hard for even the most experienced lawyers to predict how a jury is going to vote. That’s why only a very small percentage of all personal injury claims in America ever proceed to trial.

While you are waiting to see if your case has to be tried, it is wise to consider a lawsuit advance to help with your finances. As long as you are working with an attorney and you have a strong case, you are likely to get approved for pre-settlement funding.  

When does a Personal Injury Case Go to Trial?

Most plaintiffs who go to trial do so because they believe that their claim is not being taken seriously by the insurance company. In other words, the compensation they are being offered is grossly unfair and unreasonable.

This shouldn’t come as a surprise. Insurance companies are notorious for trying to get out of paying accident claims. They have a whole toolkit of dirty tricks they deploy to get the claimant to accept the low amount offer.

One of them is to keep extending the negotiations, knowing that the plaintiff has lost their job and is struggling to pay necessary bills, which makes them desperate enough to accept even the lowest offer.

Lawsuit settlement loans have helped level the playing field for many injured plaintiffs. Lawsuit funding providers like Direct Legal Funding can get you short-term cash, so you no longer have to stress over the latest delaying tactic the insurance company is using.

Other reasons your case might go to trial are:

You Don’t Agree on Claim Value: Determining the value of your claim is one of the key aspects of the process. Now, it’s pretty easy to place value on monetary (economic) damages, such as lost wages, property damage, and hospital bills. But putting a value on non-economic damages like physical, emotional, and mental pain and suffering can be tricky. If you and the defendant don’t agree on the value during settlement negotiations, you may decide to go to trial.

You Don’t Agree on Liability: If you and the defendant don’t agree about who was responsible for the accident and resulting injuries, reaching a settlement will be almost impossible. If the defendant genuinely believes they were not at fault and thus, bear no responsibility for your damages, they might refuse to settle. Similarly, if you believe that the defendant is very much liable for your injuries, you might want to hash it out in court.

Consult With a Personal Injury Attorney for Better Results

The insurance company may have offered you a laughingly small amount or refused to offer you any settlement at all, contending that its insured is not liable for your losses.  If the judge and/or jury accept this argument, you might end up with no compensation and your claim will be done for. 

It’s really important for you to consult with an experienced attorney who specializes in personal injury law in your city before you take your case to the court on your own. An attorney may be able to prevent the trial altogether by presenting a good argument as to why the defendant is liable.

Before you enter a court, you must be aware of all the possible outcomes of your case. The best course of action for you is to hire an attorney to represent you and have frequent conversations with them about the probability of those different outcomes.

In some cases, going to trial is the only option, but most of the time, mediation, settlement, or even arbitration could be the preferred path. The important thing is to work with an attorney who has the proven ability to take the case to trial if necessary.

95 times out of 100, the defendant will come to the table make a reasonable offer before the case ever sees the inside of a courtroom. Pre-settlement loans give plaintiffs the peace of mind of knowing that they have the lawsuit funding they need just in case the claim has to be litigated.

Contact Direct Legal Funding to Obtain a Lawsuit Settlement Loan within 24 Hours

Pre-settlement funding gives you the financial support you need to cover your medical bills, mortgage/rent payments, utility bills, grocery bills, kid’s tuition, and other general expenses while you wait for your case to resolve. At Direct Legal Funding, we offer lawsuit advances that could potentially mean the difference between you winning a reasonable settlement or accepting an unreasonable one. 

Don’t be bullied by the insurance company. Allow us to help you and give your attorney the time they need to strengthen your case to maximize your claim’s value. We provide car accident loans, construction accident loans, and other types of personal injury lawsuit funding to fit your needs.

Direct Legal Funding is known for having one of the fastest approval rates in the industry for lawsuit settlement loans. We also have very competitive interest rates.

Here’s why thousands of plaintiffs continue to believe in us:

  • Transparent and highly competitive interest rates 
  • No hidden or upfront fees
  • Quick and easy application process
  • Once approved, you could get your lawsuit advance within 24 hours

And what if you lose the case? You owe us nothing and your debt is gone! Our pre-settlement loans are offered as non-recourse lending. It means, if you do not win a settlement or verdict, you don’t have to return the loan.

There is no collateral required, and we won’t check your credit history. There is absolutely no risk to you. Click here to fill out the application form online. If you’d like to talk to one of our pre-settlement funding specialists before getting started, give us a call at 866-941-5588 or contact us online.