A personal injury case may go to trial if the parties involved are unable to reach a settlement through negotiation or alternative dispute resolution methods. Going to trial is typically considered a last resort when attempts to resolve the case outside of court have been unsuccessful. The specific circumstances and timeline can vary, but here are some common scenarios that may lead to a personal injury case going to trial:
- Failure to reach a settlement: After a personal injury lawsuit is filed, the involved parties, including their legal representatives, engage in settlement negotiations. If they are unable to agree on a fair resolution that satisfies all parties involved, the case may proceed to trial.
- Disputed liability: If there is a significant dispute regarding liability or fault in the case, it may be difficult to reach a settlement. Each party may have a different version of events or different interpretations of the evidence, making it necessary for the court to evaluate the facts and make a determination.
- Disputed damages: The parties may disagree on the extent of the plaintiff’s injuries, the associated medical costs, or the amount of compensation that should be awarded. If the disagreement cannot be resolved through negotiation, a trial may be required to determine the appropriate damages.
- Insurance company refusal: In some cases, insurance companies may refuse to offer a fair settlement or deny liability altogether. When the injured party and the insurance company cannot come to an agreement, the case may proceed to trial for a judge or jury to make a decision.
- Precedent-setting or complex issues: Certain cases involve complex legal or factual issues that may require a trial to establish legal precedent or clarify important matters of law. These cases often have broader implications beyond the individual parties involved and may be more likely to go to trial.
Trial for a Personal Injury Case
When a personal injury case goes to trial, both sides present their arguments, evidence, and witnesses to the court. A judge or jury then evaluates the evidence, listens to witness testimony, and renders a verdict. The trial process can be lengthy and involve various stages, such as opening statements, examination and cross-examination of witnesses, presentation of evidence, and closing arguments.
It’s worth noting that the majority of personal injury cases are settled before trial. Going to trial can be, time-consuming, and uncertain, so parties often seek to resolve the matter through settlement negotiations or alternative dispute resolution methods like mediation or arbitration. Even so, it is essential your personal injury attorney has trial experience to ensure you get maximum compensation if you have to go to trial.
Experience You Can Trust
Personal injury cases and other torts can become very complicated with so many moving parts. Hiring a knowledgeable and experienced personal injury firm to advocate for your rights is ultra-important. If you or a loved one has been injured in a personal injury accident, you may be entitled to compensation through a personal injury lawsuit.
We proudly serve clients in Texas. Our personal injury lawyer team is happy to help you get the compensation you deserve.
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A personal injury specialist should be retained by an injured crash victim to determine if the at-fault parties have adequate insurance. If there is insufficient at-fault insurance, an experienced personal injury lawyer can begin the process of filing an uninsured or underinsured motorist claim.
However, many insurance companies do not treat these claims fairly. Therefore, a skilled personal injury lawyer at McKay Law can help a victim overcome these obstacles, obtain MRI for personal injury case, and avoid errors in personal injury cases.