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Very few personal injury cases go to trial. Forbes reports that only about 5% of civil cases go all the way to a jury verdict.
What sets these cases apart? Why do some personal injury cases go to trial? Is your case likely to be one of them?
Why Do Some Personal Injury Cases Go to Trial?
Contested Issue of Fact
When the parties agree on what happened, they can analyze fault. But sometimes, the parties don’t agree on the facts; witnesses may contradict each other. There may be tangible evidence that disputes witness testimony; one party may have an expert that the other disagrees with.
Some factual disputes are insignificant. However, when the outcome of a case depends on a contested fact, the case may be more likely to go to trial.
Contested Issue of Law, Procedure, or Evidence
Sometimes, the law isn’t completely clear; a personal injury claim may involve a new or novel situation. How the court rules may decide the outcome of the case.
The court may give a certain jury instruction or refuse it. It may admit evidence or choose to disallow it. They may affirm or overrule objections. When these decisions have a significant impact on the outcome of the case, a trial may be more likely.
Lack of Insurance or Sources of Payment
A defendant may take a case to trial if they don’t have insurance to pay a judgment. If there is no insurance, the defendant may be liable from their personal assets. Some defendants choose to go to trial rather than agree to pay a judgment from personal funds.
Multiple Parties at Fault, Contributory Negligence
Fault for a personal injury can be complex, as there may be multiple defendants. Contributory negligence may be a question. If the parties disagree significantly about fault, it can make a case more likely to go to trial for the jury to decide.
Large Case Value, Catastrophic Injury
When there are catastrophic injuries, or the case has a large value for other reasons, it may be more likely to go to trial. There may be future damages that require significant evidentiary documentation. Pain and suffering compensation may be large because of the severe impact on a person’s life. When the dollar amount is large for a personal injury case, the defendant may resist a settlement, even if it is appropriate under the law.
Defendant Determined to go to Trial
Some defendants are simply determined to go to trial; even if the plaintiff’s case is strong, they may not want to settle. As the plaintiff, you must prove the case, including at trial, if necessary. You may have an attorney represent you.
Unwilling to Compromise
As the plaintiff, it may be necessary to go to trial to receive the compensation that you deserve. Success in a personal injury claim means the victim getting the compensation that they are due. The decision to go to trial should be made after determining the likely value of the case, the potential gains and risks of going to court. When appropriate, an experienced attorney can capably take a case to trial, unwilling to compromise in pursuing justice for their client.
Can Cases Go Straight to Trial?
No. A personal injury case never goes straight to trial. In fact, it’s a long process to take a case to trial. There are many steps in legal procedure as a case moves towards trial – giving the defense time to respond, discovery, preliminary motions, and case scheduling. The parties will participate in alternative dispute resolution to explore non-trial resolutions.
There are things that your attorney can do to move a case forward. They can proceed through discovery efficiently, building a strong case. They can ask for prompt court dates. While these things help, it is still many months from the time of filing a case to when there is a trial.
If a Personal Injury Case Doesn’t Go to Trial, What Happens?
Most personal injury cases settle; that’s because most cases filed have merit. Most defendants have insurance to pay compensation, whether it is car insurance, property insurance, or a self-insured fund. Through discovery, mediation, and direct negotiations, most cases reach a mutually agreeable settlement. Having an attorney can help with building the case, negotiating, and evaluating settlement offers.
A small number of cases are disposed of in summary disposition. That means the court finds that there is no dispute about a material issue of fact, and the defendant is entitled to a ruling as a matter of law. If the defense seeks summary disposition in your case, your attorney can help you respond appropriately.
Attorneys Who Go to Trial
At Shealey Law Firm, we go to trial when it’s necessary. We won’t tell you to accept a settlement if it’s not in your best interest. We’ll give you honest advice about your case, and pursue it in full.
We are skilled and ready litigators who fight for every dollar. We resolve cases with settlements and trials. With experience in the courtroom, we’re ready to represent you.
Call or message us now.