5 Reasons Personal Injury Cases Often Go to Trial
Gclawnc.com | Personal injury cases can be emotionally and financially draining for those involved. Often, when someone is hurt due to the negligence of another, they seek compensation for medical expenses, lost wages, and emotional pain. However, not all personal injury cases are settled quickly or easily. Many end up going to trial. If you are working with a personal injury lawyer, you might wonder why your case may end up in a courtroom. Below, we will explore five common reasons personal injury cases often go to trial.
1. Disputes Over Liability
One of the most common reasons personal injury cases go to trial is disputes over liability. In many cases, the responsible party (defendant) or their insurance company may deny that they are at fault for the injury. They might argue that the plaintiff (the injured party) was partially or entirely responsible for the accident, making it difficult to come to a settlement agreement.
For example, in a car accident case, the defendant might argue that the plaintiff was speeding or driving recklessly, thereby causing the accident. The plaintiff’s personal injury lawyer would need to present compelling evidence, such as witness testimonies, traffic camera footage, and accident reconstruction experts, to prove that the defendant was at fault. When both sides cannot reach a consensus, the case may go to trial where a judge or jury will decide who is liable for the injury.
2. Disagreement Over the Value of Damages
Another reason personal injury cases go to trial is when there is a disagreement between the injured party and the responsible party (or their insurer) over the value of the damages. The plaintiff may feel that they are entitled to a higher settlement based on their medical bills, pain and suffering, lost wages, and other expenses, while the insurance company may offer a much lower amount.
In personal injury cases, the damages can include compensation for both economic and non-economic losses. Non-economic losses, such as emotional distress or pain and suffering, are often difficult to quantify, leading to disagreements. If both parties cannot agree on a fair amount of compensation, the case may proceed to trial, where a judge or jury can decide on the value of the damages.
3. Failure to Reach a Settlement During Negotiations
Many personal injury cases are resolved through settlement negotiations before they reach the courtroom. However, if the parties involved cannot come to an agreement during these negotiations, the case may go to trial. Insurance companies may offer a settlement that the injured party feels is insufficient or unfair. In some cases, the insurer may try to settle the case for a lower amount to avoid the costs of a lengthy trial.
Personal injury lawyers typically advise their clients to try to reach a fair settlement before proceeding to court, as trials can be time-consuming, expensive, and unpredictable. However, if the settlement offer is too low or the defendant is unwilling to offer reasonable compensation, the injured party may decide to take the case to trial in order to pursue a more favorable outcome.
4. Lack of Evidence for a Quick Resolution
Sometimes, personal injury cases go to trial because there is insufficient evidence to resolve the case quickly. In some situations, the defendant may present a strong defense, and the plaintiff’s legal team may need more time to gather sufficient evidence to prove their case. Additionally, if key evidence is disputed or if there are issues with witness credibility, the case may go to trial.
For instance, in slip-and-fall accidents, the property owner may argue that the hazard on their premises was not dangerous, or they may claim that the plaintiff was responsible for the fall. The plaintiff’s personal injury lawyer may need to gather detailed reports, photographs, and testimonies to prove that the property owner’s negligence caused the accident. If this evidence cannot be obtained before the settlement deadline, the case might go to trial where it will be examined in a court of law.
5. Desire for a Larger Award or Justice
In some cases, a personal injury plaintiff may simply desire a larger award or more justice than a settlement can provide. Some individuals believe that by taking their case to trial, they will be able to secure a larger payout or a more favorable ruling. For example, a plaintiff who has experienced significant emotional distress or a permanent injury may want to ensure that they are compensated fairly for their suffering.
Moreover, some plaintiffs may take their case to trial in order to hold the responsible party accountable for their actions. While settlements typically offer a quicker resolution, going to trial allows the plaintiff to present their case to a jury or judge, who can determine whether the defendant should be held fully accountable for the damages. In high-profile cases or those involving public interest, some plaintiffs may feel that a trial is necessary to make a statement and ensure justice is served.
In summary, personal injury cases often go to trial for several reasons, including disputes over liability, disagreements about the value of damages, failures in settlement negotiations, lack of evidence, and the desire for a larger award or justice. Working with an experienced personal injury lawyer can help individuals navigate these challenges and make informed decisions about whether to settle or take the case to court. A knowledgeable lawyer will guide the client through the complexities of personal injury law, ensuring that their best interests are represented throughout the process.
