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Why a Personal Injury Case Goes to Trial
The most common reason a personal injury case goes to trial is because settlement negotiations outside of court have failed. This can happen for a wide variety of reasons, but here are the most common:
One of the main reasons a personal injury case goes to trial is a disagreement over who is at fault. The defendant or their insurance company may deny responsibility, argue that the plaintiff contributed to their own injuries, or dispute the extent of liability.
When liability is unclear or contested, a trial may be necessary to resolve the issue through evidence and testimony presented before a judge or jury.
Even if liability is not in question, the parties may disagree on the value of the damages being claimed. The plaintiff may seek compensation for medical bills, lost wages, and pain and suffering, while the defendant or their insurer may argue that the requested amount is excessive or unwarranted.
When no agreement can be reached, the case may proceed to trial to determine the appropriate amount of damages.
Personal injury cases involving medical malpractice, product liability, or multiple parties often present complex legal and factual issues. These cases may require expert testimony, extensive investigation, and legal interpretation that cannot be resolved through negotiation alone. As a result, they are more likely to go to trial.
In some cases, settlement negotiations may break down entirely. This could occur due to poor communication between the parties, an unwillingness to compromise, or adversarial attitudes.
When the parties cannot come to the table to negotiate, a trial becomes the only way to resolve the dispute.
Occasionally, one or both parties may prefer to have their day in court to publicly present their case. Plaintiffs may want to hold a defendant accountable in a public forum, while defendants may wish to clear their name or reputation. Trials provide the opportunity for transparency and public resolution.
Insurance companies sometimes act in bad faith by delaying, denying, or underestimating valid claims. When an insurance company refuses to negotiate fairly or honor its obligations, the plaintiff may decide to take the case to trial to seek justice and, potentially, punitive damages for the insurer’s misconduct.
If a case is approaching the statute of limitations (the legal deadline for filing a claim), the plaintiff may file a lawsuit to preserve their right to seek compensation. While this doesn’t always mean the case will go to trial, it can push the parties toward litigation if time constraints make negotiations impractical.
Why a Personal Injury Case Does NOT Go to Trial
The main reason why most personal injury cases do not go to trial is because it is usually in the best interest of both parties to settle outside of court. Here’s why to avoid going to trial:
- Time Efficiency: Settlements can often be reached in a fraction of the time it takes for a trial to conclude, which can take months or even years.
- Cost Savings: Preparing for and going to trial involves significant expenses, such as attorney fees, court fees, expert witnesses, and other costs. Settling avoids these financial burdens for both sides.
- Unpredictable Outcomes: Trials are inherently risky. Putting decisive control in the hands of a judge or jury means forfeiting a lot of control over the outcome. A judge or jury may rule in an unexpected way, even when a case seems strong.
- Guaranteed Compensation: For plaintiffs (persons seeking compensation), a settlement guarantees compensation without the gamble of a trial verdict. For defendants, settling can limit exposure to a potentially higher judgment.
- Strong Evidence: If liability is obvious (e.g., police reports, video evidence, or strong witness testimony), defendants may prefer to settle quickly rather than contest the case.
- Weak Evidence: Conversely, if the plaintiff’s case is weak, they may agree to settle for less rather than risk losing at trial and receiving no compensation at all.
- Insurance Adjusters: Most personal injury cases involve insurance companies, which have a strong incentive to settle rather than risk an unpredictable jury award.
- Policy Limits: Many settlements align with the insurance policy’s limits, making trials unnecessary.
- Delayed Trial Dates: Courts are often overwhelmed with cases, leading to long wait times for trial dates. Either party may prefer the immediacy of a settlement over prolonged litigation.
- Alternative Dispute Resolution (ADR): Many cases are resolved through mediation or negotiation, where a neutral third party helps the parties reach an agreement.
- Pre-Trial Negotiations: Effective communication between attorneys can often resolve disputes without the need for court intervention.
- Stress and Anxiety: Trials can be emotionally draining for all parties involved. Plaintiffs, in particular, may want to avoid reliving painful events during testimony.
- Privacy Concerns: Settlements are typically private, whereas trials are public, which may discourage both parties from proceeding to court.
- Judges Prefer You Settle: Judges often encourage settlements during pre-trial hearings to clear court dockets and promote efficient case resolution.
- For Defendants: Companies or professionals may settle to avoid the negative publicity associated with a trial.
- For Plaintiffs: Settling may prevent a drawn-out legal battle that could impact their public image, or create attention they’re not comfortable with.
A settlement provides closure and allows both sides to move on, rather than dragging out the case through appeals or prolonged court proceedings.
How Often Do Personal Injury Cases Go to Trial?
According to a study done by the U.S. Department of Justice on tort cases, only 3% of cases went to trial. On average, only 3-5% of personal injury cases go to court every year.
The cases that do go to trial are typically complex cases, such as medical malpractice or product liability cases, rather than car accidents, slip and falls, etc.
Is It Better to Settle Outside of Court or Go to Trial?
In most cases, it’s better to settle outside of court. However, the best option will depend on the unique details of your case. A personal injury attorney will be able to provide guidance on which option is best for you to pursue. For your reference, here are some pros and cons for both options.
Settling Outside of Court
| PROS | CONS |
| More Control Over Outcome Less Time & Lower Cost Stress Reduction Privacy Control | Potentially Lower Compensation No Legal Precedent |
Going to Trial
| PROS | CONS |
| Potential for Higher Compensation Legal Precedent | Less Control Over Outcome More Time & Higher Cost Stressful & Inconvenient Public Exposure |
Factors to Consider
It’s helpful to think about going to trial as the higher-risk, higher-reward option, while settling outside of court is a lower-risk, but more certain option.
With that in mind, it’s important to consider the following:
- Strength of Your Case: If you have very strong evidence supporting your claim, going to trial could be best. However, if your case is weak or there is any potentially strong counter-evidence, settlement may be the better option.
- Settlement Offer: If you receive a settlement offer that is fair and reasonably compensates you for your damages, it’s probably best to accept the offer rather than risk it in a trial.
- Personal Circumstances: Always consider your financial situation, health, stress level, personal urgency, etc. when deciding to go to court or settle.
- Legal Advice: Consulting with an experienced personal injury lawyer can provide valuable insights into the best course of action for your unique case.
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What Happens If My Personal Injury Case Goes to Court in Alabama?
If your personal injury case goes to court in Alabama, the process will shift from settlement negotiation to litigation. This can feel overwhelming, but understanding the basic steps can help you prepare for what’s ahead. A capable attorney will be able to help navigate this process on your behalf.
Here is a general outline of the litigation process when your personal injury case goes to trial.
When negotiations fail, your attorney will file a lawsuit with the appropriate Alabama court. This document will outline your claim (including damages and the basis for the defendant’s liability).
The defendant will be served with the lawsuit and has a set amount of time to file an answer or motion to dismiss.
- Discovery
- Both sides will exchange information about the case through a process called “discovery.” This includes:
- Depositions: Oral testimony under oath.
- Interrogatories: Written questions that must be answered under oath.
- Requests for documentation: Medical records, accident reports, and other evidence.
- Discovery allows both parties to build their cases and understand the arguments of the opposing side.
- Both sides will exchange information about the case through a process called “discovery.” This includes:
- Motions
- Either party may file for pre-trial motions, such as motions to dismiss the case, exclude certain evidence, or resolve specific issues before the trial.
- Mediation or Settlement Talks
- Alabama courts may require or encourage mediation, where a neutral third party helps both sides try to reach a settlement. Many cases settle during this phase, even after the lawsuit has been filed.
If mediation or settlement efforts fail, the case will proceed to trial.
Alabama law allows for a jury trial or a trial by a judge (bench trial), depending on the circumstances and preferences of the parties.
Trial process:
- Jury Selection
For jury trials, a group of potential jurors will be selected, and attorneys for both sides will question them in a process called “voir dire” to ensure a fair and impartial jury. - Opening Statements
Each side presents an overview of their case to the jury, outlining the key facts and arguments. - Presentation of Evidence
The plaintiff’s case: Your attorney will present evidence, including witness testimony, expert opinions, and documents to support your claim.
The defendant’s case: The defendant will present evidence to refute your claims or minimize damages. - Closing Arguments
Both sides summarize their cases and make a final appeal to the jury or judge. - Jury Deliberation & Verdict
The jury (or judge in a bench trial) will deliberate and decide the verdict. They will determine (A) whether the defendant is liable and (B) the amount of compensation, if any, the defendant must pay.
- If the judge or jury rules against you… you may have the option to appeal the decision to a higher court in Alabama.
- If the judge or jury rules in your favor… the defendant may appeal, or you may need to take steps to collect the judgment (our attorneys will help with that).
Do Personal Injury Lawyers Go to Court?
Yes, personal injury lawyers do go to court. While it is uncommon for personal injury cases to go to court, personal injury lawyers are prepared to represent their clients in court when necessary.
What Our Attorneys Do If Your Case Goes to Court
At Long & Long, we’re dedicated to handling everything about your case and trial from start to finish. If your case ends up going to court, we handle the following and more:
- File and respond to legal documents
- Handle all the pre-trial preparation
- Present your case to the judge or jury
- Advocate for you throughout the process
We’re here to seek justice for those who’ve suffered a personal injury due to someone else’s negligence. Our injury lawyers represent those in Mobile, Orange Beach, Gulf Shores, Foley, Daphne, Fairhope, Robertsdale, Loxley, Spanish Fort, Bay Minette, Malbis, and surrounding areas.