Why Is My Personal Injury Case Going To Trial When faced with a personal injury case, the thought of the matter going to court can be both daunting and discouraging. It’s an emotionally challenging experience, and the process of figuring out why your case is going to trial can feel overwhelming. The reality is that personal injury lawsuits can take a long time from start to finish. From the outset of the claim, it is possible that your case will go to trial depending on the nature of the injuries, who is at fault, and the severity of the situation. Here are some potential reasons why your personal injury case may be headed to trial:
No Agreement on Liability
Generally, when a personal injury occurs, the person or company at fault for the injury (known as the defendant) may be held responsible for the damages caused. However, it is not always easy to decide who is directly liable for the injury. In some situations, more than one person or company may be liable for the injury, or perhaps there is no clear-cut case proving liability. If the two parties (ie. the plaintiff and defendant) can’t come to an agreement on who is at fault, the case will likely end up in court.
Disagreement Over Fault or Negligence
In some situations, the person or company at fault may be clear, however, it is not always the case that there will be agreement between the two parties on the extent of fault or negligence. The defendant may feel that the extent of fault or negligence is minimal while the plaintiff may feel that it is greater. For instance, the plaintiff may argue that the defendant was 99% responsible and the defendant may argue that they are only minimally responsible. If the two sides can’t agree on the extent of fault or negligence then the case will likely go to trial.
Lack of Evidence or Inconsistent Evidence
Every personal injury case has specific facts and circumstances associated with it. To prove the plaintiff’s case the respective facts and evidence must be presented. If there is a lack of evidence, or if the existing evidence is inconsistent or incomplete, then it may be difficult for the two sides to come to an agreement. In such a situation, the case may end up going to trial.
Rare Precedents or Complex Legal Arguments
The law is complex. There are often rare precedents or complex legal arguments that may be at play when it comes to personal injury cases. If the case is unique or involves complicated matters, the two sides may feel that a court decision is the best option in resolving the dispute.
High Monetary Damages
Personal injury cases often involve high monetary damages. When the total amount in damages is high, the defendant may be more motivated to take the case to court and dispute the damages sought. In this situation, the plaintiff may also decide to take their case to trial if they feel that the amount of damages sought is fair and justified.
No Option for Out-of-Court Settlement
It often makes sense for both parties to try to reach an out-of-court settlement. This way, the parties avoid the cost and time of a trial. However, if the parties cannot reach a mutually beneficial agreement due to animosity or disagreement on key terms, then they may decide to take the case to trial.
The Insurance Company Will Not Offer Fair Compensation
In many personal injury cases, the defendant’s insurance company will be responsible for compensating the plaintiff. However, some insurance companies may not offer a fair settlement due to a number of factors, such as the coverage limits of the policy. If the insurance company will not offer a fair amount of compensation, the plaintiff may decide to take their case to trial.
Strategic Reasons
Finally, in some cases, both parties may feel that taking the case to trial is the best option for their particular strategic purposes. This could include a variety of goals, such as ensuring that fairness and justice are served, manipulating the outcome of the case, or simply to gain leverage in the negotiations. Understanding the legal process and the various factors that can lead to a case going to trial can be a daunting task. Cases can be complex, and the parties involved often have different perspectives. If you are in the middle of a personal injury dispute, it is important to understand the potential risks and rewards of both settling the case or taking it to court. Seeking the advice of a qualified attorney is the best way to making the right decision for your particular situation.
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