Why Do Personal Injury Cases Go to Trial?

Categories: Personal Injury

Man holding his neck

Washington Attorney Handling Complex Personal Injury Claims

If you are filing a personal injury claim, you may have heard that personal injury cases rarely go to trial. This is because most insurance companies feel that it is best to settle a claim outside of court. Car accident attorneys and insurance companies see trials as a last resort – because jury trials are highly unpredictable, and even the best claim or evidence against a claim does not necessarily mean that you will have a successful outcome. That is why companies will do what it takes to avoid having their case go in front of a judge or jury.

What Does a Jury Do?

You cannot predict how a jury will act in a trial. While the jury may act the way that you assume they would, they can be incredibly unpredictable and swayed easily by minor facts. Jurors can often develop preconceived notions about personal injury claims, as well – even if they claim to be impartial. Some will think that the plaintiff is out to get money from the insurance company, while others may sympathize with the victim. Some jurors feel that it is their duty to undo a perceived trend in damage awards – meaning that they will offer much less than the victim needs to recover his or her financial losses. At other times, jurors are more than happy to give a high settlement value to a case that doesn’t necessarily require as much compensation.

While jury selection is part of the process, most attorneys will agree that due to their highly unpredictable behaviors, both sides will do what they can to resolve the case before going to trial.

The Value is Already Predicted

Before your attorney and the other side’s attorney even speak, they have a rough estimate of how much your claim is worth. That is because your attorney has already sat down with you and gone over the numbers, and the other side has used a computer algorithm to help to identify an appropriate settlement offer. While soft tissue injuries are more difficult, both attorneys and insurance claims adjusters should be able to come up with a reasonable value for just about any injury – without needing a jury or judge to tell them how much the case is worth.

Why Does a Case Go to Trial?

If so many cases settle outside of court, why are there some that do go to trial? Going to trial is only necessary when one side cannot come to an agreement with the other. For example, if you feel that the insurance company is offering too low of a settlement and the insurance company will not raise their offer, then you are forced to take the claim to court. If the defense attorney thinks that you are being unreasonable, he or she may also push for a trial instead of settling outside of court.

Will Your Case Settle or Go to Trial? Speak with an Attorney

No attorney can predict if a case will settle first or go to trial, but it is important to meet with a skilled car accident attorney to prepare yourself for what is to come. Every case is different, and even if your case is something that could easily settle outside of court, you may find that the other side is unwilling to work with you. To explore your options for a settlement, speak with an attorney today by contacting Brett McCandlis Brown, PLLC. Schedule your free consultation now at 800-925-1875, or fill out our online contact form with your questions.