You’ve learned your personal injury case is going to trial, and you want to know why. It’s understandable if you’re frustrated or angry because you expected the insurance company to do the right thing and they did not. Our Houston personal injury lawyers at Armstrong Lee & Baker LLP have identified several potential reasons for this. Here are a few of them.
Reasons Cases Go to Court
Only about 3-4% of personal injury cases go to trial. However, if your case finds its way to court, it’s likely due to one of the following reasons:
A Liability Dispute
One of the primary reasons a personal injury case might go to trial is a dispute over liability. If the parties involved can’t agree on who’s at fault for the accident or injury, they may have to present evidence and arguments in court for a judge or jury to determine liability.
Disagreement on Damages
Another common reason for a personal injury case to go to trial is a disagreement over the extent of damages the injured party suffered. This can include disputes over the severity of injuries, the amount of medical expenses incurred, lost wages, and other economic and non-economic losses.
Unwillingness to Negotiate
In some cases, one or both parties may be unwilling to negotiate or compromise on settlement terms, leading to a stalemate in negotiations. When settlement discussions reach an impasse, taking the case to trial may be the only remaining option to seek resolution.
Insurance Company Tactics
Insurance companies are known for employing various tactics to minimize their liability and payouts in personal injury claims. If an insurance company refuses to offer a fair settlement or engages in delay tactics, litigation may be necessary to compel them to fulfill their obligations under the policy.
The Statute of Limitations
The statute of limitations sets a time limit within which a legal action must be filed. If the statute of limitations is about to expire and the parties haven’t settled, the injured party may need to file a lawsuit to preserve their right to pursue compensation through litigation.
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Case Complexity
Some personal injury cases are inherently more complex than others, involving multiple parties, intricate legal issues, or extensive evidence. In complex cases, it may be difficult to reach a settlement agreement without fully litigating the matter to ensure the court thoroughly examines all relevant facts and arguments.
Principle
In certain situations, the injured party may be motivated by principles of justice or a desire to hold the negligent party accountable for their actions. If they feel strongly about pursuing their case in court to achieve a sense of vindication or closure, they may choose to proceed to trial despite the potential risks and costs involved.
Inadequate Settlement Offers
Suppose the defendant offers a settlement that doesn’t adequately compensate the injured party for their losses or fails to acknowledge the full extent of their liability. In this instance, the injured party may reject the offer and choose to go to trial to pursue a more favorable outcome.
Let Our Houston Personal Injury Attorneys Help You Achieve Justice
If your personal injury case goes to trial, you can rest assured an Armstrong Lee & Baker LLP personal injury attorney will be ready to make a compelling case on your behalf. Schedule a free case evaluation by using our online contact form today.
C.J. Baker represents victims with serious injuries and has won millions of dollars for victims of 18-wheeler crashes, oilfield equipment failures, offshore platform explosions, and defective medical devices. C.J. graduated summa cum laude from Texas Tech University School of Law in 2016. He was an editor of the Texas Tech Law Review and a top national trial and moot-court advocate.