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Why Is My Personal Injury Case Going To Trial?

Learn about the possible reasons for your personal injury case moving to trial.

By smithpatrickPublished 2 years ago 3 min read
Dallas Personal Injury Lawyers

Injuries are now a common thing. Accidents, medical faults, etc., are happening in and around the country. Nonetheless, you deserve compensation for your injury if you are a victim of any injuries that occurred due to someone else’s fault. To recover the compensation, you need to file a personal injury claim through Dallas Personal Injury Lawyers.

Most of the personal injury cases in the United States settled before trial. However, if your case gets complicated, it can move to trial.

Reason for settling the case outside court

Litigation costs and uncertain trial awards are two significant reasons why many personal cases settle outside court. Taking the case to trial is a financial risk for plaintiffs and the defendant. It makes settlement agreements appealing to both parties.

Another reason for settling the case outside the courtroom is that some victims become anxious about moving their case to trial.

Reasons why your personal injury case is moving to trial

  • One or both sides decide to take a risk.

As mentioned previously, moving their case to a trial is a risk for both defendant and plaintiff. Both sides typically avoid going to trial because that takes the result of the point out of their hands and puts it into the judge or jury’s hand.

However, the plaintiff sometimes decides to go to trial when they believe that their case is strong and the settlement offered by the defendant is too low when the plaintiff believes that they can get more than offered.

On the other hand, the defendant goes for trial when they believe that they have a strong defense and the plaintiff’s demands are unreasonable.

  • Parties disagree on liability.

Settling the case outside the courtroom can be a challenge when there is a disagreement between the plaintiff and the defendant regarding who the plaintiff should get the compensation and who the defendant should pay the compensation.

A person would not pay the compensation when they do not believe that they are responsible for the accident. On the other hand, plaintiffs reject offers from defendants that do not fully compensate them when they firmly believe that the defendant’s liability is clear.

  • Parties disagree on claim value.

Both sides in personal injury cases go over injury evidence to determine the value of the plaintiff’s claim. Economic damages that have monetary damage, such as lost wages and medical bills, are easier to calculate. However, damages such as pain and suffering, emotional and mental damage, etc., are noneconomic damages in nature, making it difficult to calculate.

Settling is difficult when a plaintiff overvalued their claim, or a defendant undervalues the plaintiff’s claim.

The insurance company denies the claim or agrees to fair and reasonable settlement terms.

No insurance company would want to pay money, even if they have to. They would usually avoid paying the amount they have to for insurance claims by denying the claim on technical legalities of giving a low ball offer.

It is unfair for the person who has suffered injuries and damages due to another person’s negligent acts.

Sometimes insurance companies will not revise their low ball offer and hold firm on it, hoping that the plaintiff will break at the end and decide to accept a low but guaranteed sum instead of going to trial. When insurance companies keep offering lowball offers, and the plaintiff refuses such offers, the case usually ends in court.

What percentage of personal injury cases go to trial?

4% to 5%. According to the numbers available from the United States Department of Justice’s Bureau of Justice Statistics, 95% to 96% of personal injury cases get settled pretrial, which means that only 4% to 5% of personal injury claims go to trial.

Why is it wise to hire a lawyer for your personal injury claim?

An experienced Dallas Personal Injury Lawyer is more likely to settle your case for a fair amount than you trying to settle your case all by yourself. They will study your case and help you determine the value recovered as compensation. They will negotiate on your behalf and represent you in the courtroom if required.

To conclude:

If you or your loved ones got injured due to negligent acts of someone else, seeking compensation is your right. With an understanding of the Dallas Personal Injury lawyers, you can collect evidence of the incident and present your case more firmly.

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