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Understanding When To Settle A Personal Injury Case And When To Proceed To Trial


Tampa personal injury attorneys protect the rights of injured victims from settlement negotiations all the way through trial 

Mediation will be scheduled once all discovery has been obtained. Mediation is a form of alternative dispute resolution that attempts to settle cases prior to having them placed on the court’s trial docket. During a mediation, both parties and their lawyers attend a session with a mediator. The mediator is trained to assist the parties in negotiating a settlement. The mediator hears the facts from both parties and attempts to find common ground between them. Prior to the mediation date, you and your personal injury lawyer Oldsmar will meet to discuss what type of settlement you would accept and his or her thoughts on the possibility of that occurring.  

Following the mediation, if the case has not settled, your personal injury lawyer Oldsmar begins prepping for trial. In preparation for the trial, both sides gather and organize their evidence, prepare their witnesses and decide how they will present their version of the case. Various motions might be filed at this time to prohibit certain items from being used at the trial such as previous injuries or a party’s sordid past. Offers of settlement also continue while trial preparations are in full swing.

When the time comes to call the case to trial, it is most often heard by a jury, however, in some instances, the parties agree to have the case heard and decided by only the judge. This is a decision that is based on several factors that your personal injury lawyer Oldsmar will discuss with you if he or she believes a trial to the judge would benefit your case. The jury trial begins with the selection of the jurors followed by the opening statements of both sides. Then, each side presents its witnesses and evidence to support their version of the accident. The witnesses are questioned by their attorney and cross-examined by the opposing attorney. Once all of the witnesses and evidence are presented, each side delivers its closing argument. The jury then retreats to a private area and deliberates. When they have made their decision, the jury re-enters the courtroom and delivers the verdict. That concludes the case – unless there are grounds for appeal (a process which is an entire post on its own).

Personal injury are two words you never want to touch your life, however, if you find yourself involved in an accident due to the negligence of another person, you can get the compensation you are entitled to and get on with your life. A top priority is contacting a personal injury lawyer Oldsmar and scheduling a consultation to discuss your options before you settle for what the insurance company offers. Let Westchase Law help you put your life back together.

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