Are We Going to Trial?

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Custy Law Firm | Accident & Injury Lawyers

April 19, 2019

New clients often ask upfront whether they are going to have to go to trial. The true answer is “it depends” on a variety of factors including:

  • whether liability or fault is in question or unclear;
  • whether the claimed injury or injuries or their severity are disputed;
  • which insurer or insurers are on the other side;
  • which attorneys are on the other side;
  • whether the insurer or insurers made a fair settlement offer before trial; and
  • the client’s expectations and opinion about the value of the case before trial.

The full value of any case will many times be realized only through a jury trial. That said, the reality is that very few cases will ever go before a jury.

Indiana Trial Court Statistics for 2017

Indiana’s trial court statistics for 2017 are worth considering. 1,038,098 cases concluded in Indiana trial courts during 2017. Of that number, there were 1,101 total jury trials. This means that only 0.1% of all Indiana trial court cases were disposed of through a jury trial in 2017.

In 2017, there were 165 civil tort jury trials in Indiana. This means that jury trials involving injury claims and other torts were 0.015% of all trial court case dispositions statewide during 2017.

Porter County & Lake County Trial Court Statistics for 2017

Porter County trial courts disposed of 29,252 cases in 2017 and 23 were by way of jury trial. This is approximately 0.078% of all Porter County trial court case dispositions. Only 8 of the jury trials in Porter County involved injury or tort cases. This means that 0.027% of all Porter County trial court cases that ended in 2017 involved a jury considering an injury or other tort claim.

Lake County trial courts disposed of 127,430 cases in 2017. 51 of those dispositions were by way of a jury trial or 0.04%.  26 of Lake County’s jury trials involved injury claims or civil torts which equals 0.02% of all Lake County trial court dispositions.

Statistically speaking, an average injury claimant in Indiana will never come close to exercising their 7th Amendment right to a jury trial.  The odds of an average player getting a hole in one in golf are roughly 10,000 to 1 (0.01% probability). If you file a lawsuit in Indiana, you only have slightly better odds of seeing a jury trial than getting a hole in one!

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Testimonials

I originally tried to use our legal counsel from my union. I was getting lowball offers, and after I refused to accept their offer, I was fired by my very own attorney. I was scared out of my mind not only for myself but my family. I was lucky enough to use Brian Custy, after a hard 3 week trial . . . we ended up winning my case and won well into the six figures. I would highly recommend Brian, and I am now proud to call him my friend.

- RYAN D.

Since day one i have received the best service that anybody can ask for. Mr. Custy and Melissa have been such caring and trustworthy people. They really make you feel like you are #1 and they will go above and beyond for you no matter what. This firm is by far the best around I would recommend them to anybody. Thanks guys you have helped me in so many ways.

- Joel Marquart

Custy Law Firm has redeemed the reputation lawyers face in the legal field. I’m so grateful for their professionalism, their communication skills as well as their knowledge of the law. My experience seemed overwhelming and the process was intimidated until I spoke with Custy, attorney Brown and Mrs. Dunn from the Valparaiso office. They were vigilant in pursuing a great settlement for my family and I, but most importantly they led me through this most difficult time with patience and sound advice. I’d recommend Custy Law to anyone who need representation.

- Yolonda M

Brian and his team were extremely helpful to us in resolving our case (related to personal injury from a traffic accident).  Brian listened to what our goals were for the case and focused on delivering those (vs. trying to maximize his own fees).  He was extremely professional in all of our interactions and responsive to our numerous questions.  We got a very positive outcome, without any significant hassle.  I highly recommend Custy Law Firm!

- Saroj S.

As a medical professional, I would like to testify that Mr. Brian Custy is the best attorney I met in Indiana. I trust his knowledge, experience, and professionalism. The firm is a very friendly one to work with. You will have no regret to use his service as needed.

- Fei L.
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