5 Reasons Personal Injury Cases Often Go to Trial
Gclawnc.com | When it comes to personal injury cases, most people assume they will end in a settlement. However, many cases proceed to trial, especially when settlement negotiations break down. Hiring an experienced personal injury lawyer can help you navigate the complexities of trial and give you the best chance of securing fair compensation. Here are five reasons why personal injury cases often go to trial and what this can mean for plaintiffs.
1. Disputed Liability
One of the main reasons personal injury cases go to trial is because liability, or who is at fault, is disputed. When the responsible party (often the defendant) or their insurance company denies responsibility for the injury, reaching a settlement becomes difficult. In these cases, a personal injury lawyer must gather and present evidence to demonstrate the defendant’s fault in court. A trial may be the best route for the plaintiff to receive fair compensation, as it allows a judge or jury to weigh the facts and reach a decision based on presented evidence.
2. Disagreements Over Damages
Another common reason for going to trial in personal injury cases is disagreements over damages, or the amount of compensation owed to the plaintiff. Even if liability is accepted, the defendant’s insurance company may argue that the plaintiff’s injuries are less severe than claimed. Disputes can arise over both economic damages (like medical bills and lost wages) and non-economic damages (like pain and suffering). A skilled personal injury lawyer will help the plaintiff document and justify their damages. When both parties cannot reach an agreement, going to trial allows a jury to decide on a fair amount.
3. Insurance Company Tactics
Insurance companies often play a significant role in pushing personal injury cases to trial. These companies may refuse to settle or offer low settlement amounts to reduce their financial liability. Some insurance companies employ tactics that delay the settlement process, hoping plaintiffs will accept a smaller amount out of frustration or financial need. When faced with such tactics, a personal injury lawyer experienced in dealing with insurance companies may advise going to trial to ensure fair compensation. Going to trial allows the plaintiff to present their case in a fair forum, where insurance company tactics hold less influence.
4. Severe Injuries and High Settlement Amounts
Cases involving severe injuries and high settlement amounts often go to trial because defendants and insurance companies are more resistant to paying substantial sums. Serious injuries that result in lifelong medical care, lost earning potential, or permanent disability can lead to substantial settlement demands. In these cases, defendants may question the extent of the injuries or argue that the compensation sought is excessive. A personal injury lawyer can present a compelling case for fair compensation by bringing in expert witnesses, medical records, and other evidence. Trial allows the plaintiff to seek the full amount deserved when settlement offers fall short.
5. Plaintiff’s Desire for Justice or Accountability
In some cases, plaintiffs may choose to go to trial because they seek justice or accountability beyond financial compensation. Personal injury claims are sometimes motivated by a desire to hold the defendant accountable in a public forum, especially if the injury resulted from egregious negligence or misconduct. A personal injury lawyer can help plaintiffs navigate the trial process when justice and accountability are key motivations. Trials can provide a sense of closure by publicly addressing the responsible party’s actions and bringing attention to wrongful behavior.
If you’re involved in a personal injury case and considering your options, consulting a qualified personal injury lawyer can provide valuable guidance on whether to settle or pursue a trial. Each case is unique, and the decision to go to trial depends on many factors, including liability, damages, and the potential for justice or accountability.
