It’s a common misconception that most personal injury cases involve a courtroom trial. However, most issues are resolved through settlements before reaching that stage. This trend is primarily due to the unpredictability and expenses of trials, which motivate plaintiffs and defendants to find mutually agreeable resolutions beforehand.
However, certain circumstances can lead to a case going to trial. Disputed liability, disagreements over damages, and failed settlement negotiations are common reasons. When parties cannot agree, a trial may become the only path to achieving a fair outcome. At Byrd Davis Alden & Henrichson, LLP, we have over 65 years of experience guiding clients through complex litigation, always prioritizing your best interests while fighting for the compensation you deserve.
What Factors Lead to a Trial in Personal Injury Cases?
Understanding when and why personal injury cases proceed to trial is crucial for anyone seeking justice and fair compensation. Several key factors can push a personal injury case toward trial:
- Disputed liability: When parties cannot agree on who is at fault, a trial may be necessary to determine responsibility.
- Disagreement over damages: If there’s a significant gap between the compensation sought and what the defendant is willing to pay, the case might proceed to court.
- Unsuccessful settlement negotiations: Failed mediation or arbitration can lead to a trial as the next step.
When these challenges arise, a trial can provide the opportunity to present evidence and arguments before a judge and jury. This process can often be the best route to achieving fair compensation.
How Does the Severity of Injuries Impact the Decision to Go to Trial?
The seriousness of injuries sustained plays a significant role in the direction of a personal injury case. Severe injuries often lead to extensive medical expenses, prolonged rehabilitation, and significant lifestyle changes. As a result, the compensation sought in such situations is typically higher.
Defendants or their insurers might contest the extent of damages or the necessity of specific treatments, leading to disputes. When an agreement cannot be reached, going to trial may be necessary to secure the compensation the injured party deserves.
Can Pretrial Motions Resolve Personal Injury Cases Before Trial?
Pretrial motions can be critical in resolving personal injury cases without trial. These legal actions can address specific issues that dismiss or limit parts of a case, which can streamline the legal process.
For example, a defendant might file a motion for summary judgment, arguing that there’s no legal basis for a claim even with all facts viewed favorably towards the plaintiff. If successful, this motion can end the case before a full trial, saving time and resources for everyone involved.
When Should You Consider Settling vs. Going to Trial?
Deciding whether to settle or go to trial is critical in a personal injury case. Settlements offer the benefit of a guaranteed outcome, often resolving cases more quickly and with fewer expenses. However, settlements might not always provide the full compensation available through a trial.
On the other hand, trials come with risks and can be both lengthy and costly. Yet, they allow your case to be presented to a jury, which may result in a more favorable outcome. Consulting with experienced legal counsel is essential to make the best decision.
Contact Trusted Texas Personal Injury Trial Attorneys at Byrd Davis Alden & Henrichson, LLP
Since 1959, Byrd Davis Alden & Henrichson, LLP has built a trusted reputation for delivering exceptional results in personal injury cases. Our team of skilled trial attorneys approaches each case with the determination needed to advocate for your rights, whether through settlement negotiations or a court trial. From the moment you file your claim until the final verdict, we provide steadfast support, ensuring every detail is managed professionally and effectively.
If you are dealing with a personal injury case, now is the time to take action. Don’t face this challenging situation alone—let us help you secure the compensation you deserve. Contact Byrd Davis Alden & Henrichson, LLP at (512) 454-3751 or complete our contact form to schedule a consultation. Our dedicated team is ready to provide the guidance, support, and representation you need to move forward confidently.
