What are the risks of taking a construction accident case to trial?
Taking a construction accident case to trial can be a risky endeavor. In Washington, the rules of civil procedure and evidence place the burden of proof on the plaintiff to prove the claim by a preponderance of the evidence. This means that the plaintiff must present more evidence than the defense in order to prove the case. A jury trial is also risky because the jury is unpredictable. The jury’s decision could be in favor of either side. It is also up to the jury to decide the amount of damages that should be awarded. It is not uncommon for a jury to render a verdict that is much lower than what was requested in the original lawsuit. Another risk is the cost associated with taking a case to trial. The cost of expert testimony, filing fees, and other costs associated with litigating a case can quickly add up. If the plaintiff does not win their case, they may end up owing the defendant the costs incurred in defending the case. Finally, a trial can take a long time. This can be an especially difficult problem for those who are seeking a speedy resolution to the case. The amount of time a trial takes can vary dramatically depending on the complexity of the case and the court’s calendar. It can take months or even years for a case to resolve, leaving the plaintiff in limbo while they wait for a decision. In summary, taking a construction accident case to trial can be a costly and risky endeavor. Despite the risks, there may be times when a trial is the best option. Before deciding whether to take a case to trial, it is important to consult with an experienced attorney who can provide advice and guidance.
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