Individuals who have been injured due to the recklessness or carelessness of another party may pursue personal injury claims on a number of grounds. While there are many different types of cases, there are generally five probable outcomes. Keep reading to learn what they are and then contact The Law Offices of Larry H. Parker at 602-340-0030 to request a free legal consultation with a Phoenix personal injury attorney.
1. The case will be dropped or dismissed
A plaintiff may file a personal injury claim only to subsequently decide that they may not want to continue it for a variety of reasons. Perhaps they recognize that a major piece of evidence is insufficient and that they have no chance of prevailing. In this case, the plaintiff has the option to dismiss the lawsuit.
Alternatively, if the defendant can prove that the plaintiff's claim is flawed, the defendant may be able to have the case dismissed. The defendant can submit a petition to have the case dismissed if the statute of limitations has run out or there are no legal grounds for culpability. In either case, the plaintiff receives no monetary recompense.
2. The case will be settled before it goes to trial.
Pre-trial settlement discussions are the most typical manner for a personal injury lawsuit to be resolved. This saves both parties time and money by avoiding the time and expense of litigation. Although the amount of compensation agreed upon in a settlement may be less than what could have been obtained in court, there is no danger of the plaintiff losing the case and getting nothing. By accepting a settlement offer, the plaintiff relinquishes their right to pursue the defendant in court.
3. The plaintiff is victorious
When a matter goes to trial and the plaintiff prevails, the court has declared the defendant responsible. The plaintiff will then be awarded whatever damages the judge and jury consider appropriate. This isn't usually the same amount of damages sought by the plaintiff in their original lawsuit.
4. The defendant is victorious
The plaintiff will plainly earn nothing if the defendant wins at trial. The plaintiff may be obliged to pay some of the defendant's expenses, depending on the circumstances and the jurisdiction in which the case was heard. Court filing costs, service process fees, witness expenses, and even attorney fees are examples.
In most situations, however, clients will not have to pay anything to their own attorney since personal injury attorneys work on a contingency fee basis, meaning they only get paid if their client obtains compensation.
5. An appeal is filed
Trial court verdicts are always considered to be accurate. If either the plaintiff or the defendant feels the first judgment was incorrect, they can seek an appeal. Due to the high standard of proof necessary to demonstrate that the lower court made an error, personal injury appeals are uncommon.
Do you require assistance with a personal injury case?
Call The Law Offices of Larry H. Parker at 602-340-0030 if you have been wounded in an accident that was not your fault and want to pursue legal action for compensation. We provide free consultations to all potential clients, as well as no-risk counsel to those who have solid legal grounds for a claim.