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Only a small percentage of personal injury cases go to trial. If yours is headed toward trial, you may wonder why.
The experienced Columbia personal injury lawyers at Shealey Law Firm explain the factors and circumstances that can make a personal injury case go to trial.
When Settlements Aren’t Enough: Why Some Cases Go to Trial
The legal system is designed to resolve disputes. By design, the system has ways to help parties settle cases. These include:
- Discovery so that each side can see the evidence
- Pleading requirements so the claims and defenses are known
- Facilitated negotiations, including mediation and court conferences
- Arbitration, binding, and non-binding
- Preliminary motion hearings to narrow issues
- Summary disposition by the court in some circumstances
When the parties can agree on what a claim is likely worth, even if the defense doesn’t want to pay, they may reach a settlement.
But why doesn’t that happen in some cases? Why isn’t a settlement always enough?
Common Disputes That Lead to Litigation
Factual disputes
Sometimes, witnesses give conflicting testimony or test results may be unclear. When there are factual disputes, the parties may not agree on case value. The outcome may depend on effective case presentation and witness questioning in a trial setting.
Evidence incomplete
A plaintiff must present evidence of each element needed to prove their case. If the plaintiff’s evidence is not thorough, the defense may think they can win at trial for lack of evidence.
Wide range of potential outcomes
Sometimes, it’s clear what a case is worth. Liability may be uncontested. The only question might be what the victim deserves in compensation.
But sometimes, a case is all-or-nothing. There may be a reasonable disagreement about a key issue. How the jury decides may mean the difference between the plaintiff getting everything they want or nothing at all.
A critical dispute may make a party more likely to go to trial because they have a lot to gain if the jury decides in their favor.
Legal precedent, disputed legal issues
A case may contain a legal issue that has never been decided before. The courts may not have ruled on how the law applies in a certain situation. The dispute may move the case toward trial or even appeal, so the issue may be settled by the court.
Public forum, public vindication
Many settlements are private. The courtroom is a public forum. A party to a personal injury may want the public setting to draw attention to an issue. In addition, a party may see the courtroom as a forum for vindication.
Ineffective settlement negotiations
Settling a personal injury case takes effective negotiations. The party must know what to say and how to say it, and must approach settlement negotiations strategically. Ineffective negotiations can prevent a settlement and move a case toward trial.
Lack of insurance
Many personal injury cases are paid through insurance. When the defense lacks insurance, they may be more likely to go to trial in hopes of avoiding personal liability.
Catastrophic, high-value claims
When a case seeks a high amount of compensation due to a catastrophic injury, the defense may be more reluctant to agree to a settlement.
Multiple claims, multidistrict litigation
Sometimes, multiple plaintiffs have similar claims. The defense may want a trial to see how the jury views common issues. They may use the results to inform how to resolve similar cases.
Day in court
Sometimes, a party simply wants its day in court. Settlements are voluntary, and either side may choose a trial.
What Happens Before a Trial Begins?
There can be months or even years between filing a legal claim and the beginning of the trial. Many things happen before a trial begins.
- The plaintiff files the summons and complaint and serves the defense.
- The defense can respond.
- Pre-trial orders create deadlines for steps in the case.
- Either party may motion the court.
- A plaintiff can investigate insurance and payment resources.
- Parties engage in discovery.
- Disclosures provide notice of expert witnesses.
- Pre-trial court appearances narrow the issues and move the case toward trial.
- Parties engage in settlement negotiations.
- Each party prepares its case, including evidence, exhibits, arguments, subpoenas, jury selections, jury instructions, and more
Can a judge force the parties to settle a personal injury case?
No. The court can facilitate alternative dispute resolution and may issue summary disposition, if appropriate. But a judge cannot require a party to settle a personal injury case.
The Pros and Cons of Going to Trial in a Personal Injury Case
Going to trial allows a plaintiff to be awarded the maximum case value. They may bring attention to issues of public interest or may set legal precedent.
But going to trial can make a case take longer. It also creates uncertainty about the outcome.
Can You Still Settle Before the Verdict Is Reached?
Yes. You can settle a personal injury case at any time before a verdict is reached. You may even settle a case on appeal, although after a trial verdict, one side may have little bargaining power left.
Contact a Columbia Personal Injury Lawyer
Will my personal injury case go to trial? Get a personalized consultation with a Columbia personal injury lawyer. Contact Shealey Law Firm.