The majority of cases handled by a personal injury lawyer in Manchester, CT are settled out of court. Across the nation, only about five percent of personal injury cases proceed to trial. This may happen when the insurance company or other party disputes the claim or refuses to pay the amount the lawyer believes is fair. Lawyers may also decide to bring a case to trial if the client has suffered a serious or disabling injury, as a jury or judge may order a substantial monetary award.
Often, however, the jury or judge decides against the plaintiff, leaving the injured person with no compensation at all. Unfortunately, most personal injury cases that proceed to trial are unsuccessful. This is a primary reason injury attorneys work very hard to negotiate a fair settlement out of court.
A Court or Continued Negotiations
Once a personal injury lawyer in Manchester, CT commits to a case, they will bring it to court if a satisfactory result is not forthcoming. The attorney must also believe the client has a good chance to win in court. Otherwise, accepting a low settlement may be the best option. If the client is not in serious need of money right now, the client and lawyer may decide to continue pursuing a better settlement. They have until the statute of limitations expires to do so.
The Possibility of Appeal
If a case is lost in court, the only options now are to give up or to appeal. The insurance company is not obligated to continue making a settlement offer after the matter has been decided in court. Criminal cases are commonly appealed by the defense after a conviction, but this is less frequently done after a civil trial like a personal injury case because the plaintiff and their lawyer already have failed to convince a judge or jury with the evidence they have provided.
For these reasons, law firms like Kahan Kerensky and Capossela, LLP. are generally making the right decision when they choose to focus on obtaining a settlement with the responsible party. Large court awards in injury cases, although greatly publicized, are very rare.