When you’re injured due to someone else’s negligence, you probably hope to resolve your claim quickly. But sometimes, personal injury cases end up in court. If you’re wondering, “Why is my personal injury case going to trial,” read on to find out the reasons behind it, what you can expect, and how Jurewitz Law Group Injury & Accident Lawyers can help you through the process.
Why Some Personal Injury Cases Go to Trial
The vast majority of personal injury cases settle out of court. However, a small percentage do proceed to trial. Common reasons include disputes over liability, disagreements on the value of the claim, or reluctance from the at-fault party or their insurance company to offer a fair settlement. Here’s a closer look at why this might happen:
Disputes Over Fault
If the other party denies responsibility for the accident or claims you were partially at fault, a trial may become necessary. In Florida, the state’s modified comparative negligence laws allow injured parties to recover compensation even if they share some fault. However, if they bear more than 50 percent at fault, they can’t recover any damages. Disputes over fault percentages can lead to courtroom battles.
Lowball Settlement Offers
Insurance companies often prioritize their bottom line over your well-being. If they refuse to offer a fair settlement that covers your medical expenses, lost income, and pain and suffering, your Florida personal injury attorney may recommend taking the case to trial.
Complex or Catastrophic Injuries
Cases involving severe injuries or long-term disabilities often involve higher stakes. Insurance companies are more likely to push back on significant payouts, requiring you to prove the full extent of your damages in court.
Legal or Procedural Disputes
Disagreements over evidence, witness credibility, or procedural issues might require a judge or jury to resolve the matter.
What Percentage of Personal Injury Cases Go to Trial?
It’s estimated that less than 5 percent of personal injury cases go to trial. Most resolve through negotiation or alternative dispute resolution methods like mediation or arbitration. However, when cases do go to trial, it’s often because one or both parties feel they have strong evidence to support their position.
Benefits and Risks of Taking a Case to Trial
When deciding whether to proceed to trial, it’s essential to understand the potential benefits and risks:
Benefits of Going to Trial
Going to trial in a personal injury case may seem daunting, but it offers unique advantages that could make it worthwhile, such as:
- Higher Compensation – If successful, a trial may result in a larger verdict than what was offered during settlement negotiations.
- Accountability – Trials hold negligent parties publicly accountable, which can feel empowering for victims.
- Precedent – Your case could set a legal precedent, benefiting future plaintiffs in similar situations.
Risks of Going to Trial
While a trial can lead to greater compensation, it also comes with potential challenges that every plaintiff should carefully consider, such as:
- Uncertainty – No outcome is guaranteed. Juries can be unpredictable, and verdicts may not always favor the injured party.
- Time-Consuming – Trials often take months or even years to resolve, delaying compensation.
- Higher Costs – While Jurewitz Law Group Injury & Accident Lawyers operates on a contingency fee basis, additional expenses for expert witnesses or court fees may arise during trial preparation.
Why Many Cases Settle Before Trial
Settlement remains the preferred outcome for most personal injury cases. Both sides usually save time, money, and stress by avoiding a trial. Insurance companies, in particular, want to avoid the uncertainty of jury decisions and the possibility of paying a higher verdict.
According to the aforementioned statistics, more than 95 percent of personal injury cases resolve before trial. That said, every case is unique. If your case is one of the few heading to court, you’ll need a skilled attorney to prepare and advocate on your behalf.
What to Expect During a Personal Injury Trial
If your case does go to trial, knowing what to expect can help you feel more prepared. Here’s a general overview of the process:
- Jury Selection – The trial begins with selecting a jury. Both sides, along with the judge, will assess potential jurors to ensure impartiality.
- Opening Statements – Your attorney will present your case’s key arguments, highlighting the evidence and witnesses that will support your claim. The defense will do the same.
- Presentation of Evidence – This is the core of the trial. Your attorney will present evidence such as medical records, accident reports, photos, and expert testimony to prove liability and damages. The defense will counter with their own evidence.
- Cross-Examinations – Both sides will question witnesses to challenge their credibility or reinforce their arguments.
- Closing Arguments – Each side delivers a final statement summarizing their case and urging the jury to rule in their favor.
- Jury Deliberation and Verdict – The jury will deliberate and decide whether you’ve proven your case. If they rule in your favor, they’ll also determine the amount of compensation you should receive.
How [Firm-Name] Prepares for Trial
At Jurewitz Law Group Injury & Accident Lawyers, we commit to fighting for maximum compensation for our clients. If your case requires going to trial, you can trust our team to be fully prepared. Here’s how we handle the process:
- Thorough Investigation – We leave no stone unturned when gathering evidence, interviewing witnesses, and building your case.
- Expert Testimony – Our network includes medical professionals, accident reconstructionists, and other experts who can provide compelling testimony on your behalf.
- Strategic Negotiation – While we’re always ready for trial, we continue negotiating throughout the process, seeking a fair resolution without unnecessary delays.
- Client Communication – You’ll always know where your case stands. Our team will keep you informed and prepared every step of the way.
Should You Be Worried If Your Case Goes to Trial?
It’s natural to feel nervous about the idea of going to court. However, with the right legal team on your side, you can approach the process with confidence. Trials can be challenging, but they also provide an opportunity to present your story, hold negligent parties accountable, and secure the compensation you deserve.
Contact [Firm-Name] Today
If you’re wondering, “Why is my personal injury case going to trial,” the answer often lies in the specifics of your case. At Jurewitz Law Group Injury & Accident Lawyers, we understand the challenges you’re facing and are ready to help you through every step of the legal process.
Our team will fight for justice on your behalf, whether securing a fair settlement or taking your case to court. Contact us today at (619) 233-5020 for a free consultation. Let’s work together to get the outcome you deserve.
