Which Personal Injury Cases go to Trial?
Our attorneys have over seven
decades combined experience.
One of the most common questions our law firm receives is the question of whether any given client’s case is likely to go to trial. The prospect of going to trial typically makes our clients very nervous, as going to court isn’t really a daily affair for anyone other than lawyers.
The answer is, of course, “it depends.” Here are a few factors which can make a case more likely to go to trial.
You have an unusual case.
The cases most likely to go to trial are often the ones with an unusual set of facts, a set of facts which makes the lines of fault a little less clear, or a case where injuries aren’t commonly seen. This can complicate the insurance company’s evaluation of the case.
The vast majority of personal injury cases are extremely routine. This is especially true for car, truck, and motorcycle cases. For the most part there just aren’t too many surprises in the process, and both plaintiff’s lawyers and defendant’s attorneys have calculating the likely outcome at trial down to a fine science.
Your insurance company is especially stubborn.
Insurance companies are not a monolith. They’re staffed with people.
Sometimes people get stubborn, they dig their feet in, they act in bad faith, they make all sorts of decisions for all sorts of reasons. There are certainly times where insurance companies simply refuse to offer an acceptable settlement.
Sometimes the insurance company itself will push a case to trial because they do not want to settle and nothing will convince them to do so. This is again very rare, but it does happen.
It’s actually in your best interests to go to trial.
In cases where the insurance company does not offer fair or reasonable settlements then sometimes your own attorney will suggest taking the case to trial. This will only happen after your lawyer has made a thorough evaluation of the case.
Trials: Difficult to Predict
92% of cases will settle out of court, and it’s going to be very hard to predict that at the beginning of your case.
Trials are unpredictable. You could end up with more money than you would have ended up with during the settlement process. You can also be awarded less, or you could lose your case entirely. They’re also slow.
Fortunately we prepare every personal injury case as if we’re going to go to trial. That puts us in better positions to negotiate settlements. It also ensures that if a case gets pushed to trial we are ready to dive in and fight. So while the news that a case may go to trial is not exactly good news, neither is it anything to worry about. We have your back, and we’re going to do everything we can to bring your case to a successful conclusion.
See also:
How Does Mediation Work in a Personal Injury Case?
How Does a Personal Injury Attorney Respond to a Low Settlement Offer?
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One of the most common questions our law firm receives is the question of whether any given client’s case is likely to go to trial. The prospect of going to trial typically makes our clients very nervous, as going to court isn’t really a daily affair for anyone other than lawyers.
The answer is, of course, “it depends.” Here are a few factors which can make a case more likely to go to trial.
You have an unusual case.
The cases most likely to go to trial are often the ones with an unusual set of facts, a set of facts which makes the lines of fault a little less clear, or a case where injuries aren’t commonly seen. This can complicate the insurance company’s evaluation of the case.
The vast majority of personal injury cases are extremely routine. This is especially true for car, truck, and motorcycle cases. For the most part there just aren’t too many surprises in the process, and both plaintiff’s lawyers and defendant’s attorneys have calculating the likely outcome at trial down to a fine science.
Your insurance company is especially stubborn.
Insurance companies are not a monolith. They’re staffed with people.
Sometimes people get stubborn, they dig their feet in, they act in bad faith, they make all sorts of decisions for all sorts of reasons. There are certainly times where insurance companies simply refuse to offer an acceptable settlement.
Sometimes the insurance company itself will push a case to trial because they do not want to settle and nothing will convince them to do so. This is again very rare, but it does happen.
It’s actually in your best interests to go to trial.
In cases where the insurance company does not offer fair or reasonable settlements then sometimes your own attorney will suggest taking the case to trial. This will only happen after your lawyer has made a thorough evaluation of the case.
Trials: Difficult to Predict
92% of cases will settle out of court, and it’s going to be very hard to predict that at the beginning of your case.
Trials are unpredictable. You could end up with more money than you would have ended up with during the settlement process. You can also be awarded less, or you could lose your case entirely. They’re also slow.
Fortunately we prepare every personal injury case as if we’re going to go to trial. That puts us in better positions to negotiate settlements. It also ensures that if a case gets pushed to trial we are ready to dive in and fight. So while the news that a case may go to trial is not exactly good news, neither is it anything to worry about. We have your back, and we’re going to do everything we can to bring your case to a successful conclusion.
See also:
How Does Mediation Work in a Personal Injury Case?
How Does a Personal Injury Attorney Respond to a Low Settlement Offer?