‘Will My Case Settle or Will I Have To Go To Trial?’
I get asked this question quite a bit from client.
The short answer: it depends. Most cases involving personal injury (auto accidents, slips and falls, dog bites, etc.) are resolved before trial. The reason most cases settle before trial is that jury, as well as bench trials are so uncertain. Once the case is tried, the parties essentially lose control over the case and agree that final resolution of the case will be decided by a third-party.
At times, the decision to go to trial is a difficult one because the offer on the case is a reasonable, but not reasonable enough amount. Other times, the offer is so low, or non-existent, that trying the case is inevitable.
Practical considerations such as expense, time and uncertainty, together with the relative strengths and weaknesses of the case, must all be balanced when deciding on whether or not to settle. your Massachusetts personal injury case.
If you have an attorney, I would suggest heeding his/her advice regarding whether or not to try the case.