How to Know When to Take a Personal Injury Claim to Trial?
In reality, most personal injury claims never go to court. About 95% of these cases are settled before reaching trial. However, the remaining 5% represents thousands of cases each year that do go to trial, and understanding when and why this happens can help you prepare for what might lie ahead.
The Settlement Timeline
Most personal injury claims follow a predictable pattern. After you file your claim, there is typically a period of investigation where both sides gather evidence, review medical records, and assess the strength of the case. Next, negotiations take place, during which your attorney and the insurance company’s representatives work to settle. Insurance companies often start with offers far below the true value of your claim.
They are hoping you will accept quickly to avoid the uncertainty and expense of continuing the process. Your attorney will counter with a higher demand based on your actual damages, medical expenses, lost income, pain and suffering, etc. This negotiation process can take months, during which both sides often recognize the risks and costs of going to trial. However, if negotiations break down or reach an impasse, your case may be headed for court.
When Settlement Negotiations Fail?
Your case may go to trial if the insurance company rejects a reasonable settlement. This typically happens in a few specific situations. The insurance company might dispute liability, claiming their insured was not at fault or that you share significant blame for the accident. Alternatively, they may accept responsibility but contest the seriousness of your injuries or contend that the amount of medical care you received was excessive or needless.
In order to avoid the time, stress, and uncertainty of a trial, insurance companies may just lowball their offers, hoping that you will accept less than the value of your claim. They might also delay settlement negotiations, hoping financial pressure will force you to accept whatever they are offering.
The Stakes Are High in Personal Injury Claims
Many attorneys primarily practice settlement negotiation and rarely, if ever, set foot in a courtroom. Insurance companies know which attorneys are willing and able to take cases to trial. If the insurance company knows your attorney has never tried a case or has a history of settling for less than full value, they will have no motivation to make a fair settlement.
They will lowball you, confident that your attorney will not follow through with trial preparation and litigation. Hiring an attorney with proven trial experience sends a completely different message. Insurance companies know that if negotiations fail, you have representation that can and will present a compelling case to a jury. This threat of trial creates leverage in settlement negotiations, often resulting in significantly higher settlement offers.
Complex Legal or Medical Issues
Cases involving complex legal questions or disputed medical evidence are more likely to go to trial. If there is genuine disagreement about causation – whether the defendant’s actions actually caused your injuries the claim might need to be resolved by a jury.
Similarly, cases where medical experts disagree about the nature, extent, or future implications of your injuries often end up in court. When you have one doctor saying you will make a full recovery and another saying you will need ongoing treatment for years, settlement becomes difficult because the parties can not agree on the value of the claim.
Deciding Whether to Take a Personal Injury Claim to Trial
One of the most crucial decisions you will face in your case is whether to accept a settlement or go to trial. Your attorney should give honest advice on your case’s strengths and weaknesses, the chances of winning at trial, and whether the settlement offer is fair. Consider the settlement offer in light of several factors.
- What are your total damages, including future medical expenses and lost earning capacity?
- What are the risks of going to trial? Could you end up with less than the current offer? How strong is the evidence supporting your claim?
- What is your financial situation, and can you afford to wait months or years for a trial verdict?
Also, think about the emotional toll. Trials are stressful, and you will likely need to testify and face cross-examination from defense attorneys trying to undermine your credibility. For some people, the certainty and closure of a settlement outweigh the possibility of a larger verdict at trial.
Final Thoughts
Most personal injury claims settle, but yours might be among the small percentage that go to trial. Having an attorney with real trial experience is important whether your case settles or not. That experience gives you leverage in negotiations and ensures you are prepared if settlement talks fail. You should then carefully weigh the decision to go to trial, considering the potential rewards against the risks and costs. Be patient and disciplined in your decision-making process.
Recommended Articles
We hope this guide to personal injury claims helps you understand the process. Check out these recommended articles for more insights and tips on handling your claims effectively.
