8 Signs Your Case Might Go To Trial

Most injury cases settle without ever seeing a courtroom, but some disputes require trial to recover fair compensation. Understanding signs that your case might need litigation helps you prepare mentally and practically for what lies ahead.

Our friends at Mitchell & Danoff Law Firm, Inc discuss how certain case characteristics indicate higher likelihood of needing trial rather than settlement. A car accident lawyer evaluates these factors early to set realistic expectations about whether cases will settle or require courtroom presentation.

These eight signs suggest your case might go to trial.

1. Disputed Liability With Conflicting Evidence

When fault is unclear or evidence conflicts about who caused the accident, settlement becomes difficult. Insurance companies refuse to pay substantial amounts when they believe they can convince juries their insured wasn’t responsible.

Cases with he said versus she said situations, no independent witnesses, contradictory police reports, or unclear accident circumstances often require trial to let juries determine fault.

According to the American Bar Association, disputed liability is among the most common reasons injury cases proceed to trial rather than settling.

Settlement works best when liability is clear and both sides agree who was at fault. Genuine disputes about responsibility typically require judicial resolution.

2. Large Gap Between Settlement Demands And Offers

When our settlement demands and insurance company offers remain hundreds of thousands of dollars apart after multiple negotiation rounds, trial becomes increasingly likely.

If we demand $500,000 based on serious injuries and permanent disabilities while insurance offers $75,000, that gap suggests fundamentally different valuations that negotiation cannot bridge.

Sometimes these gaps narrow through continued talks or mediation. Other times, trial becomes necessary because parties simply disagree too much about case value.

3. Insurance Company Has Policy Limits Defense

When damages clearly exceed available insurance coverage, insurers sometimes refuse to negotiate at all. They know their maximum exposure is the policy limit regardless of actual damages.

In these situations, we might pursue trial against defendants personally or look for additional insurance sources. Policy limits defenses often force litigation because settlement negotiations serve no purpose when insurers won’t pay more than minimal amounts anyway.

4. Catastrophic Injuries With Substantial Future Damages

Severe injuries requiring lifetime care involve such high stakes that insurance companies often prefer trial over paying large settlements. Cases involving:

• Permanent disability
• Traumatic brain injuries
• Spinal cord damage
• Amputations
• Disfiguring scars

These catastrophic injuries justify settlements in the millions. Insurance companies closely scrutinize these cases and frequently demand that juries verify damages before paying substantial amounts.

5. Strong Liability Case That Insurance Refuses To Acknowledge

Sometimes we have overwhelming evidence of defendant negligence that insurance companies still refuse to acknowledge. They might deny obviously valid claims hoping we won’t actually take cases to trial.

When liability is crystal clear through video evidence, multiple witnesses, or defendant admissions but insurers still won’t offer fair compensation, trial becomes necessary to force reasonable settlements or obtain jury verdicts.

We don’t back down from strong cases just because insurance companies won’t negotiate reasonably.

6. Corporate Or Government Defendants Involved

Cases against corporations or government entities often go to trial more frequently than cases against individuals. These defendants have resources to litigate extensively and company policies sometimes prohibit settlements above certain amounts without trial verdicts.

Government immunity doctrines and procedural requirements also complicate these cases and make settlement less likely than litigation.

7. Defendant Denies The Accident Even Happened

In rare situations, defendants completely deny that accidents occurred or claim injuries resulted from different incidents. These fundamental factual disputes almost always require trial.

When defendants claim they never hit you, weren’t present at accident locations, or argue your injuries came from somewhere else entirely, settlement becomes impossible because there’s no agreement about basic facts.

8. Settlement Offers Are Inadequate And Won’t Improve

After thorough negotiation including mediation attempts, some cases reach impasses where insurance offers simply won’t cover your damages adequately and won’t improve through further negotiation.

When we’ve exhausted settlement options and offers remain substantially below fair compensation, we recommend trial rather than accepting inadequate amounts that won’t support your needs.

Trial involves risk because jury verdicts are unpredictable. However, accepting settlements that don’t fairly compensate you also involves risk because you cannot reopen cases later when money runs out.

Preparing For Possible Trial

Understanding that your case might require trial helps you prepare emotionally and practically. Trials typically take one to three years from filing through verdict, involve extensive discovery including depositions, require significant preparation time, and carry risks of receiving less than settlement offers or more than defendants would ever pay voluntarily.

We prepare every case as though it might go to trial while continuing settlement negotiations. This dual approach positions us to settle when possible while being ready to try cases when necessary.

Most cases settle even after lawsuits are filed because litigation shows insurance companies we’re serious about taking cases to verdict. Filing suit often motivates better settlement offers as trial dates approach.

However, some cases genuinely require jury verdicts to achieve fair compensation. When settlement isn’t possible or offers are inadequate, we’re prepared to try your case and let juries decide what you deserve.

Making Strategic Decisions

Trial decisions require weighing settlement certainty against potential for higher verdicts, considering litigation costs and time involved, evaluating jury appeal of your case, and assessing risks of adverse verdicts.

We discuss these factors honestly so you understand pros and cons of settling versus trying your case. These decisions ultimately belong to you with our guidance about what makes strategic sense.

Don’t fear trial if your case requires it to achieve fair compensation. Contact an experienced trial attorney who regularly takes cases to verdict, has strong courtroom skills and presence, knows how to prepare cases thoroughly for trial, and will fight for maximum compensation whether through settlement negotiations or jury verdicts that reflect the true value of your injuries and losses.