Many Texas personal injury cases get resolved through insurance settlements or pretrial negotiations. However, some cases do end up at trial, where the outcome is left to a judge or jury. No two lawsuits are the same, and the reason your case goes to trial will be unique to your circumstances.
Reasons Why Your Personal Injury Case Might Be Headed for Trial:
Disagreement on Liability
Determining liability in a personal injury case can be a challenge. Texas law allows injured parties to seek compensation from a liable party proportionate to their degree of responsibility. Any liability assigned to the victim will reduce the amount of money they can receive. This is called the modified comparative negligence rule.
Here’s an example of how it works: A victim (the plaintiff) sustains $100,000 in losses after a car accident but is assigned 30 percent of the fault. The other driver (the defendant) is 70 percent responsible and would pay the victim $70,000.
However, comparative negligence comes with a catch in Texas. If a plaintiff is 51 percent or more at fault for an accident, they cannot recover any compensation. Insurance companies know the law, so shared responsibility will certainly impact settlement negotiations. Opposing parties may try to blame a victim for their accident to decrease what they or their client owe.
If parties disagree on liability, a personal injury lawyer may recommend going to trial and allowing the courts to decide, especially if you have a strong case proving the other party’s negligence.
Dispute Over Damages
Insurance is a business, and insurance companies exist to make a profit. One way they accomplish this goal is by keeping settlements as low as possible. Your aim — and your attorney’s job — is to fight for maximum compensation.
Sometimes, financially responsible parties refuse to offer full and fair awards, especially in cases involving catastrophic injuries, long-term consequences, ongoing medical expenses, and significant pain and suffering. Your legal team may decide the best way to pursue the money you deserve is with a personal injury lawsuit.
In general, a civil court judgment may include compensation for:
- Current and future medical bills
- Physical therapy and rehabilitation
- Long-term nursing care
- Lost income and employment benefits
- Lost future earnings
- Lost earning capacity
- Household services
- Physical pain and suffering
- Mental anguish, emotional distress, and trauma
- Lost enjoyment of life
- Diminished quality of life
- Wrongful death
Settlement Negotiations Fail
Negotiating is a skill. To succeed, negotiators must be prepared, understand their objectives, and control their emotions. Settlement negotiations can fail due to:
- Lack of evidence or understanding of the facts
- Failure to understand or communicate settlement goals
- Insufficient communication between opposing parties
- Overly aggressive, emotional, or confrontational behavior
- Inflexible or unrealistic demands
- Undue pressure and bad-faith tactics
If settlement talks break down, a personal injury trial could be the next step for claimants.
Complexity of the Case
Cases involving complex case law, severe personal injuries, future expenses, and significant losses can be more difficult to settle outside of a trial. An experienced tort lawyer may believe laying out a solid case for the court is the best way to seek maximum compensation.
Preserving Your Rights
One way a trial can preserve your rights is by holding at-fault parties to a greater degree of financial accountability than a settlement might. A trial can also:
- Create a public record – Trials and court documents become part of the public record. You may get a sense of justice from the public acknowledgment of the at-fault party’s negligence or wrongdoing.
- Set a legal precedent – A trial can protect your rights and the rights of others by setting a legal precedent that may affect future victims harmed in the same manner.
- Deter future negligent behavior – A trial verdict and resulting judgment can deter the defendant and others from acting similarly in the future.
Sending a Message
Going to trial can send the message to at-fault parties that you mean business. It shows you will not settle for less than you deserve or accept blame or financial liability for an accident caused by someone else’s mistakes.
Discovery Process Issues
Discovery is the process by which two sides exchange evidence and information in a personal injury case. If the defendant does not fulfill discovery requirements, the case may go to trial.
Judge’s Role
Judges have an essential role in personal injury trials. They gatekeep what evidence the sides can present, guide and instruct the jury, and have the power to dismiss a lawsuit. Your personal injury attorney may decide to go to trial if they feel the judge assigned to your case may be favorable toward you or your legal issue.
Strategic Reasons for Trial
The most strategic reason for going to trial is that you have a robust case and believe you can maximize your compensation in court. Other strategic benefits of a trial include:
- The opportunity to seek full compensation rather than settling for an amount that may not completely satisfy your losses
- The chance to get public vindication for the ways the defendant harmed you
- The opportunity to set a legal precedent
- The chance to expose and fight back against unreasonable policy limits or bad-faith insurance tactics
Get Legal Help From Our Experienced Personal Injury Lawyers in Dallas
The Dallas personal injury lawyers at Kraft & Associates, Attorneys at Law, P.C., have fought for clients in Texas courts since 1971. We have the experience, dedication, and courage to take even the most complex cases to trial if that is what it takes to recover the compensation you deserve.
When you work with our firm, we handle every detail of your insurance claim or lawsuit so you can focus on healing. From the investigation stage and settlement negotiations to litigation and a trial, we will stand up for your legal rights every step of the way.
