What Are the Chances of My Personal Injury Case Settling?

The majority of personal injury cases in Colorado settle outside of court, but there are instances when a case goes before a jury. Attorneys tend to pit their best settlement offer against what a jury might award, while also considering costs and how long it takes to receive payment.

“Settling makes sense most of the time, but it is not right for every case. You need to consider the odds,” says Colorado personal injury lawyer Alex Zimmerman, partner at Hull & Zimmerman.

Read on to learn whether your case might settle or whether a trial might be the only option. 

When Fault is Clear

Sometimes a personal injury case settles after jury selection. Suddenly, everything seems real, and the stakes are clear. For example, suppose the judge allows a powerful medical record or a video of a crash into evidence. The insurance company might increase its offer in a hurry, hoping to avoid a jury’s verdict.

If it is obvious who was at fault and the doctor says the neck injury is an accident result, it can go quickly. However, it can also go the other way quickly. For instance, if a witness brings up the fact that the plaintiff missed doctor appointments or has a pre-existing injury. At this point, the defense has a way to go, so they drop their offer, and the case continues to trial. 

Favorable Expert Rulings 

Sometimes the big picture changes when a major ruling on expert testimony is issued mid-case. Let us say the judge excludes the defense’s expert on crash mechanics. At this point, the insurance company has little to argue about regarding the cause of the crash, and they usually pay up. 

To illustrate this, let us say we are dealing with a trucking case on I-25 in Weld County. The defense wants to argue that the plaintiff had a pre-existing back condition. However, the judge excludes this evidence. At this time, the defense knows they have lost their best argument, so they are more likely to settle and offer a fair amount. 

However, this works both ways. If the judge excludes your doctor from giving his opinion, your case for damages is weaker. At this time, the defense will likely present its case to the jury.

Your Case Becomes More Believable After You Testify

At times, after you testify and tell your story, it becomes clear that the jury is hanging on your every word, and things change. 

For example, say you have a slip-and-fall in Colorado Springs. You testify, telling your story. You talk about your pain. You explain how you cannot work. Your doctor’s records support your claim. There is a high chance that the defense lawyers will call you aside for a quick talk in the hallway and try to settle your claim quickly. 

However, things may not always work out so well. If the defense finds out that you have had this injury before, or if they find your Instagram photos of you hiking, they may dig in their heels and wait for the jury verdict. 

Your Lawyer Makes the Call

It is your lawyer’s call whether to settle your claim or go to trial. Your lawyer knows the numbers, the risks, how jurors in your area think, what the judge may allow, and whether or not an offer covers your future medical needs. They also know things most people do not, such as hidden liens, subrogation claims, Medicare claims, workers’ comp claims, and matters related to comparative negligence. 

You want to find a personal injury lawyer who is not afraid to go to trial, not one who settles every case. When you interview your lawyer, ask them how many cases they actually take to trial and how they handle issues such as expert witnesses, liens, and medical records. You want to review their fee agreement and understand who pays if things do not go well. Do not just talk with a case manager; you want face time with your lawyer.