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As you begin your personal injury case, here are some basic facts about settlement offers, trial, post-trial motions, and appeals that you should understand. Your attorney cannot settle your case unless you approve and consent. By the same token, the defendant also has a right to a trial, and your attorney cannot force the defendant to settle the case. If your case cannot be settled, it will have to be tried. Most of the time, the trial will be before a jury. If you testify, you will be asked to tell the judge and jury what you know. If you win your case, the defendant can either pay the verdict or file a motion for a new trial. If you lose, you have the same choice: to accept the verdict or to challenge it by making a motion for a new trial. The trial judge may decide to give the losing side (whether you or the defendant) a new trial if the first trial was not fair. The trial judge may decide to give the losing side (whether you or the defendant) a new trial if the first trial was not fair.