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Personal injury claims can be a daunting experience, especially if you’re uncertain about the legal processes involved. One of the most common questions individuals have when pursuing a personal injury claim in Oklahoma City is whether their case will proceed to trial. Understanding the factors that influence this decision can provide clarity and peace of mind during an already stressful time.

In Oklahoma, most personal injury claims are resolved through settlement rather than going to trial. This is often because both parties involved, the plaintiff (injured party) and the defendant (party accused of causing the injury), prefer to avoid the time, expense, and uncertainty associated with a trial. However, whether your case goes to trial ultimately depends on various factors, including the complexity of the case, the willingness of the parties to negotiate, and the strength of the evidence.

Determining Liability

One significant factor that influences whether a personal injury claim goes to trial is liability. If there is clear evidence establishing liability and the extent of damages, the defendant may be more inclined to settle rather than risk a trial outcome that could result in a larger judgment against them. Conversely, if liability is contested or if there are discrepancies in the evidence, the case may proceed to trial for a judge or jury to determine fault and appropriate compensation.

Calculating Damages

Another consideration is the severity of the injuries and the resulting damages. Cases involving catastrophic injuries or significant financial losses are more likely to go to trial as the stakes are higher for both parties. In such instances, the plaintiff may seek substantial compensation to cover medical expenses, lost wages, pain and suffering, and other damages, while the defendant may be reluctant to settle for a large sum without contesting liability or the extent of the injuries. 

Negotiating With Insurance Companies

Insurance companies can significantly impact the likelihood of a trial. In many personal injury cases, the defendant’s insurance provider will handle the negotiations and may push for a settlement to avoid the costs associated with litigation. They also have a number of tactics to try and limit the amount of compensation you receive. However, if the insurance company believes they have a strong defense or if they dispute the value of the claim, they may be more inclined to take the case to trial in hopes of minimizing their financial liability.

How To Prepare If Your Case Goes To Trial

It’s essential to recognize that while the majority of personal injury claims settle out of court, preparing for trial is still a crucial part of the process. Your attorney will work diligently to collect evidence, interview witnesses, and build a strong case on your behalf, whether settlement negotiations are ongoing or if litigation becomes necessary.

In Oklahoma, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident. It’s important to act quickly and consult with an experienced personal injury attorney to ensure your rights are protected and that you have the best chance of obtaining fair compensation for your injuries.

Contact an Oklahoma Personal Injury Attorney 

Whether your personal injury claim goes to trial in Oklahoma depends on various factors, including liability, damages, insurance company involvement, and the willingness of both parties to negotiate. While the majority of cases are resolved through settlement, being prepared for the possibility of trial is essential to achieving a favorable outcome. By working with a skilled Oklahoma injury attorney and understanding the legal process, you can navigate your personal injury claim with confidence and pursue the compensation you deserve.

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