What Happens if My Personal Injury Claim Goes to Court?

Legally Reviewed and Edited by: Terry Cochran

Every year in the United States, many injured victims file personal injury claims to help them get compensation for medical expenses and financial losses. The Bureau of Justice Statistics reports that 61% of civil cases involved claims where the plaintiffs alleged personal injury.

Knowing what to do if your claim goes before the court can help you safeguard your right to compensation for your injuries. An attorney at Cochran, Kroll, & Associates, P.C. can help you understand what happens if your personal injury claim goes to trial and how to prepare so you win maximum compensation for your case.

Why Does a Personal Injury Claim Go to Court?

Your lawyer may resolve your claim through settlement negotiations with the negligent party who caused your accident. Moving your personal injury claim to a personal injury lawsuit may be necessary if your lawyer and the other party cannot settle your claim.

Common reasons for claims to move to court include:

The other party’s legal team does not agree to the settlement amount.

The defendant does not want to admit negligence and believes they can win the case in court.

The plaintiff wants to make the public aware of the details of the case in instances of extreme or gross negligence.

Taking your claim to court allows a jury to consider all the evidence to determine whether your injury resulted from negligence. If so, they will consider various factors to decide on the damages you’re entitled to. In many cases, going to court can result in higher payouts for accident victims.


How Can I Prepare for My Court Appearance?

Each personal injury case is different and will require a unique legal strategy to ensure that you can get compensation for lost wages, medical bills, and pain and suffering.

Working with an experienced Michigan personal injury lawyer is the best way to ensure you are prepared to go up against the defendant’s legal team. Your lawyer can help you get ready for your personal injury claim in court in several ways:

Go over evidence for your case so you understand your legal strategy

Discuss Michigan’s modified comparative fault doctrine and how the jury’s assignment of fault can impact your case

Advise you on how your personal appearance may affect the jury’s decision

Prepare your testimony and highlight important elements for you to focus on

Prepare you for questions your lawyers or the defendant’s legal team may ask you while on the witness stand

How Much is My Personal Injury Case Worth in Court?

The worth of your personal injury case depends on several factors. To determine damages, your lawyer will assess:

The severity of your injuries

The impact your injuries have on the quality of your life

Lost wages and loss of future earnings due to your injuries

Your fault and the fault of the other party in the accident

Quality and amount of evidence you have against the negligent party, such as witness statements, medical reports, videos, pictures, or police reports

For example, if you have minor injuries, you can expect a lower payout than if you suffer from a life-altering injury, such as a spinal cord injury or permanent disfigurement. The circumstances of your case may affect your awards as well. For instance, you are likely to receive greater damages if a drunk driver severely injured you than if you and the other driver were speeding and crashed.

You can speak to an experienced attorney at Cochran, Kroll, & Associates, P.C., about your case to get an initial settlement estimate. While no estimate is a guarantee, we can base our estimation on calculable expenses from the accident and similar cases we’ve handled.

Our past settlements include a $930,000 ER room medical malpractice award and a $9 million award for a medical misdiagnosis that resulted in brain damage. We obtained a $250,000 settlement for a Michigan dog bite victim and a $3.3 million settlement for a motorist who suffered severe injuries on a defective Michigan roadway.

Consult a Michigan Personal Injury Lawyer for Experienced Legal Representation

Suffering a serious injury often comes with financial losses and medical expenses that can add up over time. At Cochran, Kroll, & Associates, P.C., we understand all aspects of personal injury cases and can help you get maximum compensation.

With decades of experience, we strive to get our clients every penny they deserve, whether through a settlement with an insurance company or by going to court. We offer a free legal consultation with our skilled personal injury attorneys so you can find a lawyer that meets your needs.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at  and schedule your no-obligation, free case evaluation.

Disclaimer: The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.



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