If you’ve filed a personal injury claim after an accident, you’re probably hoping to settle your case quickly and move on with your life. But sometimes, cases don’t resolve so easily, and the thought of going to court starts to feel very real.
It’s important to know that going to trial isn’t always a bad thing. It can be the best path to justice when the other side won’t take your case seriously. Still, the idea of your personal injury claim going to court can bring a lot of stress, especially if you’ve never been involved in a legal dispute before. Our experienced York, SC personal injury lawyers can help guide you through this intimidating experience.
Why Some Cases End Up Going to Trial
Settlements are often quicker, less expensive, and less stressful for everyone involved. But sometimes, despite best efforts to negotiate, a case ends up going to trial.
Going to trial becomes necessary when both sides can’t agree on what is fair. Insurance companies are often focused on minimizing payouts. If they don’t believe your injuries are as serious as you claim, or if they think you were partly at fault, they may refuse to offer a reasonable settlement. In these situations, a trial may be the only path to justice.
Another reason a case might go to trial is when liability is unclear or hotly contested. If there’s a dispute over who caused the accident or if the details are unclear, a jury may need to step in and make a decision. This often occurs in car accidents, slip-and-fall claims, or cases involving multiple parties.
Even when fault isn’t in question, disagreements over how much compensation is appropriate can still push a case to trial. If you’ve suffered long-term or permanent injuries, the damages can include future medical care, lost income, pain and suffering, and more. When insurers underestimate the true impact of your injuries, standing up in court might be the only way to make your voice heard.
Factors That Increase the Likelihood of a Trial
Most personal injury cases settle out of court, but some do end up going to trial. Here are a few reasons why that might happen:
- The insurance company won’t offer a fair deal. If the other side refuses to pay what your case is worth, going to trial might be the only way to fight for what you deserve.
- There’s a disagreement about who caused the accident. If the other party blames you or says they weren’t at fault, a judge or jury may need to decide what happened.
- Your injuries are serious or long-lasting. When you’re asking for compensation for future medical bills or lost income, the insurance company may try to push back harder.
- There’s not enough evidence to settle easily. If there are questions about what happened or if the medical records are unclear, it can make negotiations more difficult.
- There are complicated legal or medical issues. Sometimes the facts are complex. Maybe multiple parties are involved, or the medical treatment you need is ongoing and difficult to quantify. These kinds of complications can prolong settlement negotiations.
What Happens During a Personal Injury Trial?
A personal injury trial begins with jury selection, where both your attorney and the defense help choose a group of impartial jurors to hear your case. Once the jury is seated, each side presents an opening statement.
After opening statements, both sides begin presenting their evidence. This part of the trial is called the presentation of the case, and it typically involves witness testimony, medical records, accident reports, photographs, and expert opinions.
You may need to testify about how the injury happened, how it’s affected your life, and what kind of treatment you’ve gone through. The defense will do the same from their side, often trying to cast doubt on your version of events or downplay the seriousness of your injuries.
Once all the evidence has been presented, the attorneys give their closing arguments. This is their final opportunity to address the jury directly and tie everything together. Your lawyer will highlight the strongest parts of your case, refute the defense’s claims, and ask the jury for a favorable verdict. The defense does the same from their perspective.
Finally, the jury enters deliberation. They go into a private room to discuss the case and reach a decision. They’ll determine whether the defendant is liable for your injuries and, if so, how much compensation you should receive. Once a verdict is reached, it’s read aloud in court, and the trial officially comes to a close.
Pros and Cons of Settling vs. Going to Trial
When you’re in the middle of a personal injury claim, one of the biggest decisions you’ll face is whether to settle or go to trial. It’s not always an easy choice. Both paths have their pros and cons, and what’s right for someone else might not be right for you.
Pros and Cons of Settling
Pros of Settling
- Faster Results: Trials can take months or even years to complete. Settling can result in compensation being received much sooner.
- Less Stress: You avoid the pressure and uncertainty of going to court, which can be emotionally draining.
- Predictable Outcome: With a settlement, you know exactly what you’re getting, no surprises.
Cons of Settling
- Possibly Lower Compensation: Insurance companies often offer less than what your case might be worth in court.
- No “Day in Court”: Some clients feel a sense of closure or justice when a jury hears their story, and settling may not offer that.
Pros and Cons of Going to Trial
Pros of Going to Trial
- Potential for a Higher Payout: A jury may award more than what the insurance company was willing to offer.
- Accountability: Trials make things public. The at-fault party may finally be held responsible.
- Sense of Justice: For some, telling their story in court brings a level of emotional closure.
Cons of Going to Trial
- It Takes Longer: Trials can drag on for months or even years.
- There’s Risk Involved: Juries are unpredictable. You could win big or walk away with less than expected.
- It’s Stressful: The process can be emotionally intense, especially if you’re still healing.
Contact an Experienced York, SC Personal Injury Lawyer
At Hunter | Everage, we understand that every case is personal and every client deserves to be heard. Whether your case settles quickly or heads to trial, we’ll be with you every step of the way, fighting for the compensation you deserve.
If you’re wondering, “Why is my personal injury case going to trial?” or need help navigating a personal injury claim going to court, contact our York, SC office at 704-377-9157. Let’s talk about your rights, your options, and how we can help you move forward.