Why Do Some Cases Go to Trial and Others Don’t?

Most personal injury cases do not go to trial. In fact, some estimates put the percentage of cases that settle out of court at over 90%. But settlement is far from automatic. Whether a case goes to trial depends on many factors, including the facts at issue, the relative leverage of each party, and strategic decisions made by each side. Understanding what drives that decision can help you make sense of your case and make informed decisions. However, you can make the best-informed decisions by working with a Tifton personal injury lawyer. 

What Are Factors That Push Cases Toward Settlement? 

Liability Is More or Less Clear 

When there’s little to no dispute over who caused an accident — say, a driver caused a car accident by running a red light — insurance companies often prefer to negotiate a known payout rather than risk a jury verdict that could push their payout higher. Defendants in such cases also have much less leverage, especially when the plaintiff was not even arguably partially at fault for the accident. (If you think you were partially at fault for your accident, you should strongly consider speaking to a Tifton personal injury lawyer). 

The Damages Are Well-Documented

A solid evidentiary record of damages — including consistent medical treatment, clear diagnoses, and a paper trail tying the injury to the accident — often makes it easier for the parties to agree to a settlement. On the other hand, gaps in treatment or inconsistent documentation can give insurance companies grounds to argue that the injury wasn’t as serious as the plaintiff claimed. Such disputes make it more likely that the case will end up at trial. 

Policy Limits Are in Issue

If the plaintiff’s damages are at or near the at-fault party’s insurance policy limits, that frequently gives insurance companies strong motivation to settle at or near those limits. That’s because, under O.C.G.A. § 33-4-6, insurance companies that unreasonably refuse to settle within an insured’s policy limits in bad faith may subject themselves to penalties and attorneys’ fees. The risk of a bad faith claim often pushes insurance companies to negotiate rather than waiting to be sued. 

The Cost of Trial 

Litigation is expensive, unpredictable, and often lengthy. It involves depositions, expert witnesses, court fees, and delays. Both plaintiffs and defendants in personal injury actions often prefer the certainty of a settlement over the effort and unpredictability of trial, even if each side believes it would win at trial. 

For more information about circumstances that can push cases toward settlement and how to obtain the highest settlement possible, please speak with a Tifton personal injury lawyer. 

What Are Factors That Push Cases Toward Trial? 

Liability Is Contested 

Liability in many personal injury actions (for example, wrongful death actions), is often fiercely contested. A common way this complication shows up is if the plaintiff is partially at fault for the accident that led to their injuries. Under Georgia’s comparative negligence scheme, plaintiffs who are partially at fault may still recover for their injuries, but only if their share of the fault was less than 50% of the total fault, with their damages awards being reduced by the percentage to which they were at fault. When insurance companies believe they have an opportunity to shift some fault to the plaintiff, they are more likely to prefer trial than to offer a settlement. 

The Damages Are Severe 

Catastrophic injuries — like traumatic brain injuries, spinal cord injuries, and severe burns — often cause damages that exceed what insurance companies are willing to pay voluntarily. If the gap between a reasonable settlement that fully compensates the plaintiff and the insurance company’s offer is too wide, the plaintiff may have no choice but to proceed to trial. 

The Insurance Company Is Lowballing 

It’s no secret that insurance companies want to pay out as little as possible on their claims. And in many cases, insurance companies simply refuse to offer a reasonable settlement no matter how strong the evidence is — or worse, engage in bad faith. In such situations, making a credible threat of trial is the only way to force the insurance company to make more reasonable settlement offers. Of course, credible threats of trial are effective only if the plaintiff and his or her attorney can back them up with adequate preparation. 

The Accident Is Unique

Insurance companies are often reluctant to settle certain types of claims because doing so would create a precedent for similar claims down the road. This is particularly true if the claim is particularly unique or rests on a novel theory of liability. In such cases, insurance companies may choose to fight harder than they otherwise would because they do not want to set a pattern. 

For more information about preparing for a personal injury trial, please speak with a Tifton personal injury lawyer. 

Should I Be Prepared for My Personal Injury Case to Go to Trial? 

Even though most cases settle before trial, plaintiffs in personal injury actions should nonetheless be prepared for their claim to go to trial if necessary. After all, threats of trial work as settlement leverage only if they are credible. That’s because insurance companies tend to negotiate differently depending on whether they believe an attorney is actually willing to try a case and has laid the groundwork to do so. When an insurance company knows that an attorney is prepared to take a case to trial, the company prices in the risk of trial and a jury verdict into their offers, making it more likely that they will make a settlement offer that adequately compensates the plaintiff. 

Get the Highest Compensation With Help From a Tifton Personal Injury Lawyer

In some cases, a settlement is the best resolution an injured plaintiff can hope for. In others, the best option is to go to trial. Injured plaintiffs should be prepared for their case to take either path, and preparation begins by working with an experienced attorney. For more information, please contact a Tifton personal injury lawyer at the Hudson Injury Firm by calling 229-396-5848 or using our online form.