Any personal injury case has the potential to go to trial. A personal injury claim is a civil matter in which the injured party (the plaintiff) has the right to file a lawsuit for damages against the party who caused their injuries and losses (the defendant). Both parties have the right to have a civil trial to settle the matter, presenting their case before a judge and jury.
However, both parties may agree to settle the matter out of court, in negotiations between the two, or in mediation (guided negotiations), or sometimes the matter must be resolved in arbitration (a process similar to a trial but without a jury). Most personal injury lawsuits are settled out of court, saving both sides time, money, and stress. If you’ve been hurt because of another party’s negligence, you likely have a good case for compensation. Our Louisville personal injury attorney can explain the likelihood of your case going to trial.
When do personal injury cases go to trial?
Personal injury cases go to trial when settlement negotiations fail to reach an agreement between the parties. This typically happens when there are significant disputes about liability or the appropriate compensation amount. Most personal injury cases settle before trial (roughly 95%), but those that do go to trial usually reach that stage after 1-2 years of pre-trial procedures, discovery, and unsuccessful mediation attempts.
Another reason your case may go to trial is if your personal injury attorney believes you have a solid claim for punitive damages. Kentucky personal injury law permits plaintiffs to seek punitive damages against defendants whose actions are egregiously negligent. This is a warning to similar parties who may be tempted to engage in the same actions and financial punishment for exceptional recklessness.
Not all attorneys are willing to go to trial or have the experience of trying cases in the past. Grossman Green PLLC has experienced trial attorneys who are willing to work your case to the very end.
Why some personal injury claims don’t go to trial
The first step in a personal injury case is for your attorney to value the extent of your damages, ascertain the degree of the defendant’s liability, and then send a demand letter to the defendant outlining their culpability and asking for a certain amount of money. At this point, the defendant and their law firm have three options:
- Agree that they are liable and pay the full amount requested
- Agree that they are liable, but contest the amount of your damages and send a counter-offer
- Deny their liability and dispute your injuries
If the defendant chooses the first option, then your lawyer will resolve the case, and obtain the settlement check from the other side. However, if the defendant wants to negotiate the settlement amount or deny liability altogether, your case may proceed to trial.
Settlement agreements are permitted at any time during the pre-trial process. Perhaps once the defendant receives your discovery information, they may realize that your attorney has built a strong case, and going to trial will likely be a waste of time or too large of a risk to the defendant. At this point, they may offer a settlement. But, the defendant retains their right to due process, including a civil trial, so if they are adamant that they are not liable for your damages, or if their attorney believes that they have a good chance of winning a trial, then they may decide to take their chances before a jury.
Hurt in an incident that wasn’t your fault? We can help.
If you have a personal injury claim and need help getting compensation, contact Grossman Green PLLC at (805) 541-0300 for a free consultation.