The majority of legal claims arising from accidents do not reach a civil trial; therefore, the parties never go before a jury. They are typically resolved earlier in the litigation process through a negotiated settlement between the parties. There are many reasons why parties may decide to settle, including trial expense, stress, privacy and excess length of time. The decision to settle ultimately belongs to the client, although the client’s attorney will typically advise the client as to the pros and cons of accepting the settlement.
However, if the opposing party is unwilling to negotiate, or the plaintiff (injured person) will not receive sufficient compensation to cover their damages, a case will proceed to trial and the parties will go to court. Having an experienced attorney, that was well prepared to go to court from the outset, will maximize the likelihood of a successful outcome in trial.