A personal injury case can involve a confusing legal process. How a claim progresses from initial filing to a satisfactory resolution can vary from person to person. Whether or not a judge will decide the outcome of your personal injury claim depends on the unique elements of the case and your personal goals, such as whether you are willing to go to trial.
Personal Injury Trial vs. Settlement
The majority of personal injury cases in Las Vegas are resolved with settlements rather than going to court. A settlement is a private, out-of-court agreement between an insurance provider and a claimant. It solves or settles the legal dispute without requiring a full-blown trial. With a settlement, the claimant agrees to dismiss the case in exchange for an agreed-upon sum of money from the insurance company. A personal injury trial, on the other hand, is a formal court process that is carried out before a judge and/or jury. It involves arguments, evidence and witness testimony from both sides of the case (known as the plaintiff and defendant). Going to trial rather than settling has pros and cons. It may be the best option if an insurance company refuses to offer a reasonable settlement or has rejected the claim.
Will a Judge or Jury Decide My Personal Injury Case?
If your personal injury lawyer recommends going to trial with your case, either a judge or jury will ultimately decide its outcome. Not all civil cases in Nevada involve juries. For the most part, juries are reserved for higher-value claims. In Nevada, personal injury cases that are worth up to but no more than $10,000 are filed in the small claims court. This is a lower-level trial court in the county where the accident took place or the claimant lives. Typically, a judge rather than a jury presides over a small claims court case. If you have a more serious case with higher-value losses, however, it may lead to a trial in a circuit court before a jury. This can include a catastrophic injury case or wrongful death claim. It will be up to you and your personal injury attorney to request a jury trial, if desired.
What Is the Difference Between a Judge and a Jury?
A judge is an individual Justice who reviews evidence, facts and arguments to deliver a verdict. A judge applies the law to a personal injury case, oversees the courtroom and decides on legal issues. A personal injury court case involving only a judge without a jury is known as a “bench trial.” A jury is a panel of peers. It is a group of people who are part of the community. When a jury is requested, both sides of the personal injury case have the opportunity to question prospective jurors to narrow down the pool to a select few. The chosen panel will then be responsible for delivering a verdict based on the facts of the case and applicable laws. Whether it is better to have a judge or jury deciding on your personal injury case depends on the circumstances. Both solutions have advantages and disadvantages. Your case may reach a faster resolution with a judge, for example, but a jury’s sympathy may lead to greater compensation. An attorney can give you a comprehensive case evaluation to help you make the right decision.