Indiana Lawyer

Do all cases go to trial? NO!

A personal injury jury trial is a legal proceeding in which a judge and jury determine the outcome of a personal injury case. In such a trial, the injured party (plaintiff) seeks compensation from the responsible party (defendant) for the damages they have suffered due to the defendant’s negligence or intentional actions.

To avoid a personal injury jury trial when the monetary evaluation by the claims adjuster or defense lawyer does not reflect the true value of your case, you have a few options:

  1. Negotiation: Engage in negotiation with the insurance company or defense lawyer to try to reach a fair settlement without going to trial. Present evidence supporting your claim, such as medical records, bills, and expert opinions, to strengthen your position and demonstrate the true value of your case.
  2. Mediation: Consider participating in mediation, a process in which a neutral third party (the mediator) facilitates negotiations between you and the opposing party. The mediator helps both sides communicate and explore potential settlement options. This can be a less formal and more cooperative approach compared to a trial.
  3. Alternative Dispute Resolution (ADR): Explore other forms of ADR, such as arbitration or settlement conferences, which can offer a quicker and less formal resolution compared to a trial. In arbitration, a neutral third party reviews the evidence and makes a decision, which may be binding or non-binding depending on the agreement. Settlement conferences involve discussions with a judge or retired judge to help facilitate a resolution.
  4. Legal representation: Consult with an experienced personal injury attorney who can assess the true value of your case and advocate on your behalf. An attorney can provide guidance throughout the process, negotiate on your behalf, and prepare your case for trial if necessary.

If you have any question about your options, please contact Dan Chamberlain at 317-549-5454.

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