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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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. […]

- 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 […]

- 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 […]

- Fei L.

From the first visit at Custy Law , I felt completely comfortable that my Auto accident would be taken care of. It was as if a huge weight was lifted […]

- Glenn H.

I am extremely happy with the quality of service and guidance I have received with Custy. His staff are amazing and he is very professional and down to earth. He […]

- Erin C.

Custy Law Firm provides the highest level of professional and ethical services to its clients. Brian Custy and staff are deeply committed to obtaining justice for those harmed by the […]

- Lisa C.

My experience with The Custy Law Firm has been nothing short of fantastic. I knew very little after PA school regarding the reading, understanding, and negotiating of contracts when accepting […]

- Monica B.

We’ve known Brian for a long time and he’s excellent on many levels. He has always focused on learning, achieving his goals, and operating ethically. He’s friendly, hard-working, very professional, […]

- Jenne C.

Brian Custy helped me at a time I needed someone I could trust.  He was attentive, positive, thorough, knowledgeable, and professional in every exchange.

- Judy M.

To some they would think my case as minimal. Custy Law Firm treated me with the most respect and consideration. Thank you CLF.

- William C.

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 […]

- 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 […]

- Joel Marquart

“Mr. Custy is an excellent lawyer that not only takes care of business but actually takes the time to listen to his clients. Mr. Custy cares and that is why […]

- CARLOS G

I have had the pleasure of working with Attorney Custy for the past two years on two cases at the same time. This has been the hardest thing I have […]

- ANGIE R.

“Brian Custy is a terrific lawyer that takes the time to walk you through the entire process, explaining all of the details that often times get overlooked. His follow-up was […]

- COREY O.

“Mr. Custy is a very good lawyer. He goes out of his way to make sure he is doing the best he can for your case. He is always there […]

- ALICE B.

“ Custy Law Firm | Accident & Injury Lawyers has gone above and beyond while working on my case. I was injured on the job and Brian has given me […]

- TIFFANY G.
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