Although 90% of cases such as yours settle out
of court, we proceed with every case as if it
were going to go to trial. This is the best way
for us to have a strong negotiating position so
as to achieve a proper settlement for you.
If your case does go to trial, it will probably
involve a jury. It is the function of the jury
to listen to all of the evidence, including your
testimony and the testimony of all of the other
witnesses, listen to the rules of law that the
judge instructs them apply to your case, make
a decision as to who is right or wrong, and also
decide the amount of damages that they feel are
appropriate in your case.
Ultimately, the value of your case is what a jury
says it is. When a settlement of a case is negotiated
before trial, it is negotiated on the basis of
what the attorney and insurance carriers estimate
that a jury would probably do if the case were
tried before twelve people.
No two cases are exactly alike and no two juries
are exactly alike. A good example of this principle
is that in cases where one side or the other has
successfully appealed, and the case is sent back
for retrial in front of another jury, it is common
for the results of the second trial to be very
much different from the result of the first.
You should remember two things about a jury
trial.
(1) You will be adequately and comprehensively
prepared for your testimony in the trial; and
(2) with your cooperation and understanding
of the areas discussed earlier, we will be well
prepared in the event that your case does have
to go to a jury.
Arbitration
In some cases, a trial is held in front of an
arbitrator rather than a jury. This is true in
uninsured motorist's cases, certain malpractice
cases, and certain other cases in accordance with
specific laws. An arbitration is a trial where
a lawyer or retired judge sits as an arbitrator
and makes a decision as to fault and damages.
Depending on the type of laws which apply, the
results of the arbitration may be subject to a
retrial in front of a jury.
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