4 min read time
Table of Contents
Common Reasons Why a Personal Injury Case Goes to Trial
When personal injury cases proceed beyond settlement talks, there are often certain factors that compel the parties to take the personal injury case to court.
Understanding these triggers can help both plaintiffs and defendants anticipate whether their personal injury case may go to court.
#1 The Insurance Company Declines to Pay the Agreed Settlement Amount
When the insurance company denies paying a fair settlement amount to the plaintiff, their personal injury lawyer may prep their client's case for litigation.
In the event the insurance companies fail to offer a fair personal injury settlement, you should:
- Refile the insurance claim (Proceed to step 2 if this step fails)
- Request a court order
- Consult with an experienced personal injury attorney
- File a personal injury lawsuit
When the insurance company rejects your settlement request, it's crucial to have assistance from an experienced personal injury lawyer, as the proceeding legal process can often be complex, time-consuming, and even expensive.
#2 Disputed Liability Among the Parties Involved
When each side insists they weren't at fault for the accident, the negotiations can become practically useless due to the at-fault party being unclear, and no party being willing to admit fault.
A common scenario of disputed liability in personal injury cases is when the insurer argues that the plaintiff contributed to the accident, while the plaintiff maintains that the defendant's negligence caused the injuries, which significantly impacts the personal injury claim and puts the case's trajectory on a path for trial.
The best way to avoid disputed liability in your personal injury case is to work with a dedicated personal injury attorney from the Rodney Okano Car Accident Lawyer Law Firm, who will analyze evidence and vigorously negotiate with the insurance company to ensure you obtain a favorable settlement without setting foot in the courtroom.
#3 The Insurance Company Acts in Bad Faith
When an injured party pursues compensation from the insurance company, the insurer may delay or deny claims, or offer low‑ball settlements that undermine the personal injury case's true value.
Common bad faith acts that insurance companies may commit that could lead to a case going to trial are:
- Delaying response to demand letters
- Providing no justification for low offers
- Refusing to share relevant evidence
Such conduct from the insurance company can trigger a court-ordered discovery phase and, if bad faith is proven, lead to punitive damages.
#4 The Personal Injury Case Involves Severe Injuries
In personal injury cases that involve a serious injury, such as spine injuries or even a wrongful death, the injured party and their attorney may seek to pursue compensation through court rather than negotiations.
As litigation and the trial process often net larger settlement amounts than insurance company negotiations.
#5 The Attorney Believes a Courtroom Win Is Achievable
If the severity of the injuries and the financial impacts caused by the accident are clear, a client's attorney may have increased confidence in taking an injury claim to court.
Especially if the attorney is a skilled trial lawyer who has trial experience and compelling evidence, they may opt for a jury verdict to deliver the compensation their client deserves.
#6 The Case Is Complex or Involves Multiple Parties
In large injury cases, there may be multiple parties or a large potential settlement that can trigger insurance limits, reinsurance clauses, and caps, lengthening settlement talks.
In such personal injury cases with multiple parties or large settlements, a skilled lawyer may choose to reject the settlement process and take the case to trial.
#7 Your Lawyer Prefers Trial
While uncommon, but not rare, some personal injury attorneys prefer taking a case to court when they believe a jury can award a larger settlement than what insurers are willing to offer.
Taking a liking to trial in personal injury claims often requires a strong team of trial attorneys, such as the ones at the Rodney Okano Car Accident Lawyer Law Firm, who can effectively represent clients in and out of the courtroom.
Schedule a free case evaluation with our legal team today by calling (702) 566-3600.
#8 Negotiations Breakdown
When settlement offers are low or the lawyer thinks they can get more from a jury decision, the plaintiff's lawyer may decide that a trial, where evidence can be presented openly, offers a clearer path to justice and a settlement.
How to Decide Between Settlement Negotiations and Going to Trial
Even when discovery reveals substantial evidence of liability and damages, a settlement through negotiations may still be preferable, especially if the insurer's settlement offer covers your losses.
A trial is often only worth it if the potential award significantly exceeds the settlement, the risk of losing is low, and you're working with an experienced trial lawyer.
Additionally, before seeking to take your case to trial, consider the time and emotional toll of litigation. Trials can last months or years, requiring repeated testimony and detailed cross-examination.
While in cases involving complex medical or technical issues, a trial might be necessary to clarify facts, it often increases stress and legal fees for the plaintiff.
Ultimately, the decision depends on your lawyer's assessment of the case's strength, the insurer's willingness to negotiate, and your personal tolerance for risk.
To see whether or not to take your case to trial, schedule a free consultation with our law firm, which has handled and won dozens of personal injury lawsuits, and understand if a case is trial-worthy or not.
Obtain the Compensation You're Entitled To
Contact Us Today
Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
