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What is a plaintiff verdict in personal injury law?
After an accident, an insurance claim is launched. If the injured person, called the plaintiff, or that person’s attorney, cannot agree with the insurance company to settle the claim, then a lawsuit is filed and the claim goes before the court.
How is a personal injury trial handled?
Almost all injured people who choose to reject a settlement offer from an insurance company hire an injury attorney to handle the resulting trial. The lawyer will spend considerable time preparing the case by gathering documents and evidence, interviewing witnesses and the defendant, determining the dollar value of the plaintiff’s damages, and arguing the case in front of the judge and jury.
After a judge and jury are presented with the facts and evidence of the case during trial, the decision of the jury, called a verdict, is reached. Sometimes the verdict is in the favor of the plaintiff, and sometimes the verdict is in the favor of the person or entity that is being sued, called a defense verdict. The facts and evidence of the case are the key components used by the jury to make this decision.
How often do personal injury claims go to trial?
In reality, most claims that are filed with the court eventually settle prior to a trial. As the trial date grows closer, attorneys for the plaintiff and defendant typically will communicate intensively to negotiate a settlement that meets the demands of the injured plaintiff.