Is It Best to Take My Case to Trial, or Is It Best to Settle My Case?
In other articles, I Attorney Eric T. Kirk discuss in great detail one of the most, if not the most- important role of a personal injury lawyer- giving you an intelligent, informed opinion as to the value of your case. In fact, we have numerous articles in these volumes detailing all of the factors that go into the assessment.
While no competent Maryland car accident lawyer will tell you an exact value of your personal injury case to the penny, experienced attorneys familiar with car accidents in this jurisdiction can give you a value range.
Armed with that information, and other input from your lawyer, you make the call of whether or not to take your case to trial. The choice of settling the case, or proceeding to trial, as with all aspects of the case, belongs to the injury victim. Your attorney, at a minimum can give you advice regarding
- the reasonableness of any offer
- the likelihood of proving liability
- what juries have awarded on similar facts/injuires in your jurisdiction
- the reputation of juries or judges in your venue.
National studies show that only about 4% of all personal injury cases filed actually go forward to trial. There is a risk in litigation of course. It is unlikely that any plaintiff has ever commenced a personal injury lawsuit with the idea that they were going to lose that case. Surely they, and their lawyer, thought they were going to win, or at least had a chance to. Yet national studies show that plaintiffs lose all the time. The choice is yours and it can be difficult, especially when there is a reasonable offer on the table. An experienced lawyer, rendering solid advice based on past results can make a difference.