When most people think of personal injury cases, they assume everything automatically goes to court. In reality, many cases can be resolved outside of the courtroom through negotiation or other settlement options. However, there are some situations where going to trial is necessary. In this post, we’ll explore four common reasons why some personal injury cases go to trial.
1. Negotiations Are Not Successful
In most personal injury cases, the injured plaintiff and the defendant’s insurance company will try to negotiate a settlement before going to trial. Unfortunately, negotiations don’t always go smoothly. If the two sides can’t come to an agreement, the case will go to trial. Keep in mind that the negotiation process can take months or even years, but it’s always worth trying to settle before resorting to trial.
2. The Insurer Acts in Bad Faith
Insurance companies are required to act in good faith when handling claims, but that doesn’t always happen. If the insurer is not negotiating in good faith, or is making unreasonable demands, it may be necessary to take them to court. Legal action can help hold companies accountable and ensure fair compensation for the injured party.
3. Your Lawyer Needs Additional Tools
In some cases, your lawyer may need additional tools to build a strong case. This could include expert witnesses, medical professionals, or accident reconstructionists. If your lawyer needs additional resources that can’t be obtained through negotiation, going to trial may be the only option. With the right evidence, a successful trial can result in substantial compensation for the injured party.
4. Your Lawyer Thinks You’d Win at Trial
Finally, sometimes lawyers will recommend going to trial because they believe that the injured plaintiff will win their case. If your lawyer is confident in the strength of your case, they may recommend taking your case to court. While no lawyer can guarantee the outcome of a trial, a strong case can lead to significant compensation for the plaintiff.
While the majority of personal injury cases are settled outside of the courtroom, there are times when going to trial is necessary. Whether it’s due to failed negotiations, bad faith insurers, or the need for additional resources, a trial can help injured parties receive fair compensation. Ultimately, if you’re in a personal injury case, it’s important to work with a skilled lawyer who can guide you through the process and recommend the best course of action for your unique set of circumstances.