Settlement, Trial, and Appeal:

a Few Key Facts Every

Plaintiff Should Know

James Publishing

Settling Your Case

Your personal injury attorney may be able to settle your case without a trial (and sometimes without even a lawsuit).

You Have a Right to Reject Any Settlement OfferYour attorney cannot settle your case unless you approve and consent. If you are not satisfied with the settlement offer, you have a right to let the jury decide your case.

So Does the Defendant

By the same token, the defendant also has a right to a trial, and your attorney cannot force the defendant to settle

the case.

Don’t Be Too Eager to Settle

Bear in mind that if you appear too eager to settle, you are likely to decrease the value of your case in the eyes of the defendant. The intelligent evaluation and intelligent evaluation and

settlement of a case calls for just as high a degree of legal skill as a trial and, if done properly, often

takes just as much time.

If Your Case Goes to TrialIf your case cannot be settled, it will have to be tried. Most of the time, the trial will be before a jury. If you testify, you will be asked to tell the judge and jury what you know.

Other witnesses will testify as well, and evidence such as records and documents will be introduced. The documents will be introduced. The jury will make a decision, and based on that decision, the judge will enter a judgment, either for or

against you.

There Are No Guarantees

Your attorney naturally hopes to win your case, but cannot guarantee any particular result. But your attorney would not have taken your case if he or she did not believe you have a reasonable chance to win or obtain a good to win or obtain a good

settlement.

If You Win After a Trial

If you win your case, the defendant can either pay the verdict or file a motion for a

new trial.

If You Lose After a Trial

If you lose, you have the same choice: to accept the verdict or to challenge it by making a motion for a new trial.

If the Judge Orders a New TrialThe trial judge may decide to give the losing side (whether you or the defendant) a new trial if the first trial was not fair or if the trial judge made legal mistakes that make it right to grant the loser a new trial. Even if a new trial is ordered, there is no assurance that a second trial is no assurance that a second trial will have a different or better

outcome.

If the Judge Refuses to Order a New Trial

If the judge denies the motion for a new trial, the party

seeking the new trial (whether you or the defendant) can

appeal.

If Your Case Is Appealed

Many people think that an appeal automatically entitles the loser to a second trial. This is not true. Instead of granting a new trial, an appeals court may order only a small change or no change in the judgment granted by the

trial judge.trial judge.