Making Changes To Your Life

Why Your Personal Injury Verdict Might Be Slashed On Appeal

by Kristin Hawkins

When you are involved in a personal injury case, you have the option of reaching a settlement or going to trial and hoping that the judge rules in your favor. There are several reasons why going to trial can be a bad idea, including the fact that your verdict might be slashed on appeal.

Why a Verdict Might Be Slashed

After you have won your case, you may be awarded damages. For example, if you undergo brain surgery and your surgeon makes a serious mistake that leads to you suffering damage, you may be entitled to compensation for medical expenses, lost wages, pain, suffering, and a range of other types of damages.

However, after your personal injury case, the defendant may choose to appeal the case. After that happens, the court might determine that the verdict was too high and may slash it. This could lead to your compensation for medical malpractice being much lower.

Trials Are a Gamble

Even if you believe your case is guaranteed, the judge may choose to rule against you. Therefore, it's important to work closely with a personal injury attorney who can help you construct a solid case and will represent you in court.

You will be able to maximize your chances of winning a trial by being highly organized and presenting solid evidence that the other party was negligent and that this negligence lead to you suffering damages. This may require medical documents, eyewitness testimony, and expert witnesses. An expert witness can be expensive but your attorney may be able to hire one for you.

Personal Injury Attorneys Often Advise Clients Against Going to Trial

A trial can be very expensive and time-consuming. It is often a better idea to settle your case out of court. Your attorney can negotiate with the other party until you are able to reach a settlement that is fair. 

Even if the other party does not want to negotiate a settlement, you may be able to encourage them to settle at the last minute when you file a lawsuit. Shortly before the trial, the other party might accept a settlement offer to avoid trial.

It's Ultimately Your Choice

While your personal injury attorney might discourage you from going to trial, you can still ultimately decide whether you will settle or go to trial. Regardless of what you ultimately decide, it's always a good idea to consult with an attorney before proceeding with your case.