When someone is injured due to another party’s negligence, they often seek compensation through a personal injury claim. While many assume that these cases end up in court, the reality is that most are settled long before trial. However, some cases do proceed to litigation. Understanding why some personal injury cases go to trial while most do not can help claimants set realistic expectations.
Why Most Personal Injury Cases Settle
1. Faster Resolution
Taking a case to trial can take months or even years. Insurance companies and plaintiffs often prefer to resolve cases quickly through settlements rather than endure a lengthy litigation process. Settling allows the injured party to receive compensation sooner, avoiding the stress and uncertainty of a trial.
2. Lower Costs
Going to trial is expensive. Legal fees, expert witnesses, court costs, and other expenses add up quickly. Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if they win. However, trials are still costly, and settlements help both sides avoid additional financial burdens.
3. Predictability and Control
Trials are unpredictable. Even with strong evidence, there is no guarantee of winning, and juries can make unexpected decisions. Settlements provide a controlled outcome where both parties agree on the compensation amount, reducing the risk of losing in court.
4. Avoiding Emotional Stress
For injury victims, reliving the accident and testifying in court can be emotionally exhausting. A settlement allows them to focus on recovery rather than the pressures of a courtroom battle.
5. Insurance Companies Prefer Settlements
Most personal injury claims are resolved through insurance companies. Insurers typically prefer settlements to avoid the costs and risks of a trial. An experienced Hemet personal injury lawyer can negotiate effectively with insurance companies to secure a fair settlement without the need for litigation.
Why Some Cases Go to Trial
Despite the advantages of settling, some personal injury cases do go to trial. Here are the main reasons why:
1. Disputed Liability
If the defendant denies responsibility or argues that the plaintiff was partially at fault, settlement negotiations can break down. In such cases, a trial becomes necessary to determine liability and ensure the victim receives compensation.
2. Disagreements on Compensation Amount
Even when liability is clear, parties may disagree on the value of the claim. Insurance companies may offer significantly less than what the victim believes they deserve. If negotiations fail to reach a fair settlement, the plaintiff may choose to take the case to court.
3. The Insurance Company’s Tactics
Some insurance companies refuse to negotiate in good faith, hoping that the plaintiff will accept a low offer out of frustration. When insurers act unreasonably, a trial may be the only way to secure fair compensation.
4. Seeking Punitive Damages
In cases of gross negligence or intentional misconduct, plaintiffs may seek punitive damages, which are meant to punish the defendant and deter similar behavior. Insurance companies often resist paying these damages, making a trial necessary.
5. Legal Precedent or Principle
Sometimes, plaintiffs pursue a trial to establish legal precedent or stand on principle. This is common in cases involving corporate negligence, defective products, or medical malpractice, where the plaintiff wants to hold the responsible party accountable beyond just financial compensation.
What to Expect If Your Case Goes to Trial
If a personal injury case proceeds to trial, here’s what typically happens:
Pre-Trial Proceedings: Both sides gather evidence, take depositions, and file motions. This stage can take months or longer.
Jury Selection: If the case is a jury trial, attorneys from both sides participate in selecting jurors who will decide the case.
Opening Statements: Attorneys present their case overview to the jury.
Presentation of Evidence: Both sides introduce evidence, call witnesses, and cross-examine the opposing party’s witnesses.
Closing Arguments: Each attorney summarizes their case and urges the jury to rule in their favor.
Verdict and Judgment: The jury or judge makes a decision. If the plaintiff wins, the court determines the compensation amount.
Should You Settle or Go to Trial?
The decision to settle or go to trial depends on various factors, including the strength of the case, the amount offered in settlement, and the willingness to endure a potentially long legal process. A skilled personal injury lawyer can assess the situation and provide guidance on the best course of action.
For many, settling is the best option—it provides certainty, faster compensation, and reduces stress. However, in cases where the offer is unfair or the defendant disputes liability, a trial may be necessary to achieve justice. Understanding the pros and cons of each path can help injury victims make informed decisions about their legal options.
