When you’ve suffered an injury due to someone else’s negligence, you may expect a quick and fair settlement from the responsible party’s insurance company. However, not all personal injury cases are resolved through settlement negotiations. Some proceed to trial. Understanding what factors contribute to a case going to trial can help you prepare for what lies ahead. This blog from Simeone & Miller will help you understand what may cause your personal injury cause to go to trial.
Why Do Most Personal Injury Cases Settle?
Before diving into why a case might go to trial, it’s essential to understand why most personal injury claims settle. Trials are costly, time-consuming, and uncertain for both plaintiffs and defendants. Settlements allow both parties to reach an agreement without the risks associated with a courtroom battle. Insurance companies often prefer settlements because they provide a degree of predictability and reduce legal expenses.
Factors That Can Lead to a Trial
While settlements are common, some personal injury cases still go to trial. Below are the primary reasons why a case might proceed to court.
Disputed Liability
A dispute over liability is one of the most common reasons a case goes to trial. If the defendant or their insurance company refuses to accept fault for the accident, settlement negotiations may break down. Without clear evidence proving negligence, the injured party may need to present their case before a judge and jury.
Disagreements Over Compensation
Even if liability is accepted, the defendant’s insurance company may offer a settlement that does not adequately cover the victim’s damages. Disputes over medical expenses, lost wages, pain and suffering, and future treatment costs can result in a trial when both sides cannot agree on a fair amount.
Bad Faith Insurance Practices
Insurance companies are legally obligated to negotiate claims in good faith. However, some insurers use tactics designed to minimize payouts, such as delaying negotiations, making unreasonably low offers, or refusing to provide a legitimate explanation for their settlement amount. If an insurance company acts in bad faith, the plaintiff may have no choice but to take the case to trial to seek fair compensation.
The Severity of the Injuries
Personal injury cases involving catastrophic injuries or permanent disabilities often involve larger claims. Because these cases typically seek higher damages, insurance companies may be more resistant to settling. The stakes are higher, and the defendant may prefer challenging the claim in court rather than agreeing to a substantial payout.
The Plaintiff Seeks Justice Beyond Compensation
In some cases, a plaintiff may want to go to trial not just for financial compensation but also to hold the defendant publicly accountable. This is especially true in cases involving gross negligence or reckless behavior. A court trial can provide an opportunity to expose wrongdoing and potentially prevent similar incidents from occurring in the future.
The Defendant Refuses to Make a Fair Offer
Some defendants refuse to settle out of principle or because they believe they have a strong defense. When a defendant refuses to make a reasonable settlement offer, the plaintiff may have no other option but to proceed to trial to seek fair compensation.
The Trial Process
If a personal injury case goes to trial, the process generally includes the following steps:
- Jury Selection: Both sides participate in selecting a fair and impartial jury.
- Opening Statements: Attorneys for both sides present their arguments.
- Presentation of Evidence: Witness testimonies, expert analysis, and physical evidence are presented.
- Cross-Examinations: Each side has the opportunity to challenge the other’s evidence and witnesses.
- Closing Arguments: Attorneys summarize their positions and make final appeals to the jury.
- Jury Deliberation and Verdict: The jury deliberates and renders a verdict on liability and damages.
How an Attorney Can Help
Going to trial is a complex process that requires strong legal advocacy. A skilled personal injury attorney can help build a compelling case, negotiate settlements, and, if necessary, represent you in court. At Simeone & Miller, LLP, we are committed to fighting for our clients’ rights and ensuring they receive the compensation they deserve.
If you or a loved one has been injured due to someone else’s negligence, contact Simeone & Miller, LLP today for a free consultation. Whether your case settles or goes to trial, we will stand by your side every step of the way.
