At the Law Offices of Jon Friedman, our Oregon personal injury attorneys advise all our clients that each case we take is unique. This allows us to objectively assess each claim and build a customized legal strategy to pursue the best independent outcome.
During our case evaluations, one of the most common questions is whether we believe the claim will be settled during negotiations with the insurance company or if we should prepare to go to trial. Determining whether your claim settles outside of court or goes to trial is highly dependent on the unique circumstances of your case.
According to the U.S. Department of Justice, only 4–5% of personal injury cases in the United States go to trial. However, it is essential to note that we prepare each case as if it were going to go to trial so we can anticipate the insurance company’s next move and react with precision. The more complete each client’s claim, meaning trial ready from the start, the more likely the insurance company will be to negotiate a settlement.
Here, we discuss a few variables that will help dictate which legal direction your Oregon personal injury claim will take.
What are the Most Common Reasons an Oregon Personal Injury Case Settles Before Trial?
Depending on the circumstances of your personal injury case, there could be multiple reasons why it may settle out of court.
They include:
- The insurance company knows you have been severely injured, and your personal injury lawsuit will succeed at trial.
- The settlement amount saves the insurance company more than what it would spend on attorney’s fees and court costs.
- The settlement offer from the insurance company is fair and comparable to what you would be awarded at trial.
Our skilled personal injury lawyers will outline your complete legal rights and options so you can make informed decisions about the direction of your case — including when and when not to accept a settlement offer.
What are the Most Common Reasons an Oregon Personal Injury Case May Go to Trial?
Like the reasons your case may settle outside of the courtroom, there are multiple reasons why the case may proceed to trial.
They include:
- The financial recovery demanded by our law firm is too high for the insurance company to settle without fighting the claim.
- The insurance company believes they will win the case, so reject your claim and wait for our law firm to file a lawsuit to proceed to trial.
During personal injury trials in Oregon, the jury must determine if the defendant caused your injuries and how much they should pay in compensation.
To get to the verdict, both sides will make opening statements and submit evidence, including witness statements, accident photos, expert testimonies, and perhaps surveillance footage that support their claims. Each side can cross-examine the witnesses and make closing statements before the jury makes the final judgment.
If you have suffered personal injuries because of another person, party, or entity’s negligence, you do not have to face the insurance company or navigate the legal process alone. We can help.
Contact Our Experienced Personal Injury Lawyers in Oregon for Help Today
Contact our Multnomah County personal injury attorneys at the Law Offices of Jon Friedman at (503) 242-1440 or online today to schedule a free consultation and get the help you need to move forward confidently.
