Why Is My Personal Injury Case Going To Trial?

Sometimes, an attorney will take a personal injury case to trial instead of settling out of court.

With the permission of the client, the attorney may want to bring action against the insurance company in court for the following reason:

• The insurance company is deeply undercutting the value of the case, which is harming the injured party.

• The insurance company does not want to settle the case because they feel it will set a precedent for them to pay out on that type of accident or injury.

• The insurance company pushes for the case to go to trial because they feel that they can win.

However, it is very rare for insurance companies to pursue a trial because juries are very prone to side with the injury victim instead of the insurance company.

Additionally, juries often award much higher settlements than what was initially requested in the Demand Letter.

If Trials Have Higher Awards – Do I Want To Push For A Trial?

In most cases, the answer is no.

Why? Because going to trial is very time-consuming and very expensive. In the long run, if the injured party could have settled outside of court, they would have been better off.

When a case gets to the point of filing a lawsuit for trial, it has been 18 months to two years since the accident date.

Preparing for trial can take another year, and depending on the court docket, it could be another year or two before an opening for your case to be heard.

However, if the insurance company is being unreasonable, and the only way to get justice for the injured party is through a trial, then it is advised that you take the case to court.

Should I Just Accept A Low Settlement Then?

In the end, that decision is yours to make. However, working with your attorney will help you make the best decision relating to your case.

A majority of all cases settle outside of court. Your injury lawyer has the negotiation skills to secure the best settlement for your case.

They know the laws regarding personal injuries, understand the terms of insurance policies, and can use their experience from previous claims to help you get the most from your settlement.

If the attorney thinks that the settlement offer is fair, they will let you know. 

If they believe that the settlement should be higher, they will present you the facts as to why it should be higher and ask if you want to keep negotiating.

If you want to keep negotiating for a higher settlement, that is what they will do.

If an agreement cannot be reached for a reasonable settlement, your injury attorney will then ask you if you want to go to trial.

They will explain the time and costs associated with that decision. If you accept the lower offer at that time, your attorney will make the decision.