Personal Injury Cases and Trials

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1. Why Some Personal Injury Cases Go to Trial

REVIEWED BY

C. William Kenny

March 03, 2025

Board certified by National Board of Trial Advocacy

Why Some Personal Injury Cases Go to Trial

Personal injury cases are often resolved outside of the courtroom through settlements, but not every case can be settled that way. In some instances, the parties involved may not be able to reach an agreement, which means the case may go to trial. If you have been injured due to someone else’s negligence, you may wonder if your case might end up in court. 

In this blog post we will discuss why some personal injury cases go to trial and what it means for you.

What is a Personal Injury Case?

A personal injury case arises when an individual is harmed due to the negligence of another party. Common examples include car accidents, slip-and-fall incidents, medical malpractice and workplace injuries. When an injury occurs, the injured party may file a claim seeking compensation for medical bills, lost wages, pain and suffering and other damages.

In most cases, the parties involved, including the plaintiff’s lawyer and the defendant’s insurance company, will attempt to settle the case before it goes to trial. Settlement negotiations typically involve reaching an agreement on the compensation amount, avoiding the need for a lengthy and costly trial. However, there are situations in which a case will proceed to trial.

Reasons Why Some Personal Injury Cases Go to Trial

1. Disputes Over Liability

One of the most common reasons for a personal injury case going to trial is a dispute over liability. In many cases, the defendant’s insurance company may argue that their client was not responsible for the accident or injury. If the parties cannot agree on who is at fault, a trial may be necessary for a judge or jury to determine liability.

1. Disagreements Over the Severity of Injuries

Another reason a personal injury case may go to trial is a disagreement over the extent of the plaintiff’s injuries. Insurance companies may argue that the injuries are not as severe as claimed, or they may question whether the injury was caused by the accident at all. When there is a dispute about the severity of the injuries and the impact on the plaintiff’s life, a trial allows both sides to present medical evidence, expert testimony and other proof to support their positions.

1. Failure to Reach a Fair Settlement

Settlement negotiations often involve back-and-forth discussions between the plaintiff’s attorney and the defendant’s insurance company. If the two sides are unable to agree on a fair settlement amount, the plaintiff may decide to take the case to trial. While insurance companies may offer settlements that seem reasonable, they often aim to minimize payout amounts. If the plaintiff’s attorney believes that the settlement offer is too low to adequately cover the client’s losses, they may advise going to trial in order to seek a larger award.

What to Expect if Your Case Goes to Trial

Going to trial can be a lengthy and stressful process. It involves presenting evidence, questioning witnesses and making arguments before a judge and jury. If your case goes to trial, your lawyer will prepare you for what to expect and work to build a strong case that supports your claim. While a settlement may still be possible during trial, the trial process allows you to have your day in court and fight for the compensation you deserve.

Recovering Compensation After an Accident

While most personal injury cases are resolved through settlements, there are several reasons why some cases go to trial. Working with an experienced personal injury lawyer can help you navigate the complexities of the legal process and ensure that your rights are protected.

Contact the lawyers of Berger and Green for a free case evaluation.