What Makes A Personal Injury Case Go To Trial?
Most personal injury cases settle out of court, but some proceed to trial. Understanding why can help you prepare for your own case.
Common Reasons Cases Go to Trial
1. Disputed Liability
When the parties cannot agree on who was at fault for the accident, a trial may be necessary to let a jury decide.
2. Disagreement on Damages
Even when fault is clear, parties may disagree on the value of the injuries and damages. If the insurance company's offer is too low, trial may be the best option.
3. Policy Limits Issues
Sometimes the at-fault party's insurance policy limits are insufficient to cover the damages, leading to complex litigation.
4. Bad Faith Insurance Practices
When an insurance company acts in bad faith by unreasonably denying or delaying a claim, taking the case to trial may be necessary.
What to Expect at Trial
If your case goes to trial, here's what you can expect:
- Jury selection
- Opening statements
- Presentation of evidence
- Witness testimony
- Closing arguments
- Jury deliberation and verdict
The Importance of Trial-Ready Attorneys
Having an attorney who is prepared and willing to go to trial is crucial. Insurance companies know which lawyers will settle quickly and which ones will fight in court. At KR Law, APC, we prepare every case as if it's going to trial, which often leads to better settlement offers.
Is Trial Right for Your Case?
Every case is unique, and the decision to go to trial should be made carefully with your attorney. Factors to consider include:
- Strength of your evidence
- Potential jury sympathy
- Time and emotional toll
- Potential recovery amount
Contact KR Law, APC at (213) 833-8361 to discuss your case and whether trial might be necessary to get you the compensation you deserve.