When you’ve been injured and filed a personal injury claim, most cases settle without ever seeing the inside of a courtroom. In fact, statistics show that roughly 95% of personal injury claims are resolved through negotiated settlements. However, some cases do proceed to trial, entering a phase that can be more time-consuming, expensive, and unpredictable. Understanding what factors push a case toward trial can help you prepare for this possibility and make informed decisions throughout your legal journey.
At Dale R. Rose, PLLC, we have 32 years of legal experience handling personal injury claims throughout North Texas. Our attorneys prepare every case as if it will go to trial, even though most settle beforehand. This thorough approach ensures we’re always in a position of strength, whether at the negotiating table or in the courtroom.
Significant Disagreements About Liability
One of the primary reasons cases go to trial is fundamental disagreement about who was at fault for the accident. Insurance companies may deny liability completely or argue that their insured was only partially responsible.
Clear Evidence Disputes
When the parties strongly disagree about what the evidence shows, a judge or jury may need to evaluate witness credibility, expert testimony, and physical evidence to determine the facts. This often occurs in cases where:
- There are no independent witnesses to the accident
- Witness accounts directly contradict each other
- Expert opinions differ substantially on technical aspects of the case
- Evidence has been lost or is subject to multiple interpretations
These situations create significant hurdles to settlement that often can only be resolved through trial.
Comparative Negligence Issues
Texas follows a “modified comparative negligence” rule, meaning your compensation may be reduced by your percentage of fault—and you cannot recover damages if you’re found to be more than 50% responsible. If the parties strongly disagree about how to apportion fault, the case may need to go to trial for resolution.
Disputes Over Damages
Even when liability is clear, cases often proceed to trial due to significant disagreements about the appropriate compensation amount. This typically occurs in cases involving:
Serious or Catastrophic Injuries
Claims involving severe injuries such as traumatic brain injuries, spinal cord damage, or permanent disabilities often have substantial damages. Insurance companies may resist paying the full value of these claims, knowing they have significant financial exposure.
Subjective Injuries
Some injuries, like soft tissue damage, chronic pain, or emotional trauma, can be more difficult to quantify objectively. Insurance companies may question the severity or even existence of these injuries, making settlement difficult.
Future Damages
When a case involves substantial future medical expenses, lost earning capacity, or ongoing pain and suffering, the parties may have very different projections about these costs, creating a significant settlement gap.
Insurance Company Tactics
Sometimes cases go to trial not because of genuine disputes but because of insurance company strategies and policies.
Lowball Settlement Offers
Insurance companies may make unreasonably low settlement offers, hoping the injured party will accept less than their claim is worth. When victims have strong legal representation, these tactics often fail, pushing the case toward trial.
Delay Strategies
Some insurers deliberately delay claims, hoping plaintiffs will become financially desperate and accept a lower offer. This can backfire when the plaintiff has an attorney willing to take the case to trial.
Precedent Concerns
In certain cases, insurance companies may fight to avoid setting a precedent that could affect future claims. This is particularly common in cases involving novel legal theories or unusual fact patterns.
How to Improve Your Settlement Chances
While some factors pushing a case to trial may be beyond your control, there are steps you can take to increase your chances of a fair settlement:
- Seek prompt medical attention and follow all treatment recommendations
- Document everything related to your accident and injuries
- Avoid discussing your case on social media
- Work with an experienced personal injury attorney from the beginning so as not to damage your claim.
These proactive measures can significantly strengthen your negotiating position and help avoid the need for trial.
Contact a McKinney Personal Injury Lawyer
If your personal injury claim is heading toward trial, having skilled legal representation becomes even more critical. At Dale R. Rose, PLLC, we bring 32 years of trial experience and a record of success to your case. Our firm has recovered approximately $18 million for clients since 2010 and has handled 165 first-chair jury trials, giving us the experience and confidence needed in the courtroom.
Whether your case settles or goes to trial, we’re committed to achieving the best possible outcome for you. Contact us today for a free consultation to discuss your case and legal options. Call (972) 634-ROSE (7673) or contact us through our website to get started on your path to justice.