Why Some Personal Injury Cases Go to Trial: Understanding Your Legal Options

The fact that most lawsuits settle out of court is relatively common public knowledge, and personal injury cases are no exception. In fact, data from the Bureau of Justice Statistics shows that less than 4% of these cases are resolved in the courtroom. While a settlement is often the preferred outcome for both parties, there are times when going to trial is the only sensible option for the injured party to get their fair shot at justice and compensation.

So, why do some cases settle while others go to trial? Let’s explore a few key factors.

Why Do Most Cases Settle?

Several factors contribute to the settlement of personal injury cases before they reach the courtroom. Here are the most common reasons:

• Cost Avoidance: Going to trial can be expensive for defendants. Between attorney fees and court costs, a settlement is often far more attractive from a financial standpoint.
• Likelihood of Plaintiff Victory: If the defendant or their insurance company believes the plaintiff has a strong case, they may settle to avoid a costly trial loss.
• Comparable Settlement Offers: If the settlement amount is in line with what the plaintiff might receive in court, it’s often easier and faster for both parties to agree to a settlement rather than endure the trial process.

From a plaintiff’s perspective, settlements often offer a quicker resolution with fewer legal fees. For defendants, it’s a way to mitigate risk and avoid the public scrutiny that can come with a trial.

Why Do Some Cases Go to Trial?

While most personal injury cases settle, there are some situations where a trial becomes inevitable. These are the most common reasons a case may go to court:

• Disputes Over Settlement Amounts: The plaintiff demands a higher settlement than the defendant is willing to offer, leading to a stalemate.
• Confidence in Winning at Trial: The defendant and their legal team may believe they can win the case in court, particularly if they think the evidence favors them.
• Insurance Company Refusal: In some instances, an insurance company may have a policy of not settling certain types of cases, forcing the matter to court.
• Plaintiff’s Desire for Accountability: In cases where the defendant’s actions were particularly harmful or negligent, the plaintiff may want the court to impose consequences that go beyond a financial settlement.

While trial can be a longer, more expensive process, it may result in a higher verdict than what was offered in settlement negotiations. However, there is always a risk that the court will not rule in the plaintiff’s favor, making this a pivotal decision.

Factors That Influence the Decision to Settle or Go to Trial

When considering whether to accept a settlement or go to trial, plaintiffs and their attorneys must evaluate various factors. Some of the key considerations include:

• The severity of the injuries
• The need for long-term care or future medical expenses
• Lost wages and reduced earning capacity due to the injury
• The plaintiff’s age and overall prognosis
• The total medical costs already incurred
• Whether the defendant’s behavior was particularly reckless, potentially justifying punitive damages

Insurance companies often push plaintiffs to settle for less than they deserve, but ultimately, only the plaintiff and their attorney can determine the best course of action.

The Importance of Working with a Trial Lawyer

Not all attorneys are trial lawyers. While any attorney can theoretically take a case to trial, trial lawyers are specially trained and experienced in courtroom litigation. This experience can make a significant difference in the outcome of your case.

Here’s why:

• Trial Experience = Confidence: Attorneys who regularly handle trials are often more confident in pushing for higher settlements and are less likely to accept a lowball offer.
• No Added Cost: Trial lawyers typically do not cost more than attorneys who handle only settlements, but their ability to navigate the courtroom could lead to a better outcome.
• Defendant Deterrent: The threat of going to trial with a seasoned trial lawyer can sometimes motivate the defendant and their insurance company to offer a more reasonable settlement.

If You Stay Ready, You Don't Have to Get Ready

Our attorneys and legal staff prepare every case as if it’s going to trial from the moment we sign a client up. While we always remain open to fair settlement offers, we’re ready to take your case to court if necessary.

If the defense refuses to offer a fair settlement, we won’t hesitate to bring the case to trial to ensure our client’s rights are protected.