So when does a personal injury case go to trial? In our 70 years of practicing personal injury law in Washington, D.C. and Maryland, clients often ask about the likelihood of going to trial. Only 3% of personal injury cases make it to trial. That statistic should immediately tell you that you will likely not have to go to court to get the compensation you deserve. But there are some instances where litigation is unavoidable. We go over those scenarios below. The U.S. Courts system also offers a helpful overview of how civil cases proceed.
When Trial is Unavoidable
When the Defendant Denies Liability
The first scenario arises when the defendant denies liability. To settle your case, the negotiation typically involves little back and forth over liability. Liability is almost always clear and absolute, such as a rear-end collision or another car accident. But we may have to argue liability in more complex cases, such as a slip-and-fall, dog bite, or nightclub injury. In most cases, though, the negotiation centers on something other than liability.
However, if the defendant does deny liability, the negotiation often stops there. We can try to explain to the defense that they are misinformed, and this often works, but there is no guarantee. When they prove impossible to reason with, we must file suit and go to trial to get you the compensation you deserve. At trial, we must prove each element of the relevant claim by a preponderance of the evidence. That means we must show it is more likely than not that each element occurred as we say it did.
When the Parties Cannot Agree on Value
The second scenario arises when we cannot agree with the defendant on a full and fair monetary value for your injuries. Remember, while you had to live with the pain and suffering from your injury, the defendant did not. The defendant, or their insurance company, wants to pay you as little as possible. They will therefore negotiate the settlement amount as much as they can. Our only course of action to keep them in check is to litigate the issue. Knowing they will have to pay you a given amount regardless, the threat of litigation ultimately pushes them to pay a settlement. In the meantime, they realize they may as well spare themselves the expense of litigation and pay in advance.
When the defendant chooses not to pay the full amount in that 3% of cases, several reasons may explain it. In some cases, the insurance companies have the resources to fight more cases in court and choose to do so.
When the Plaintiff Has Unreasonable Expectations
The third scenario is less likely, and we do not advise it. It arises when a plaintiff has unreasonable expectations about the value of their case and rejects reasonable settlement offers, forcing us to file suit. The applicable statute of limitations should be in every personal injury lawyer’s mind. If we cannot negotiate the amount a client wants because they read online that their case is worth more than the insurance company offers, we may have no choice but to file suit. We file suit in this instance to preserve your right to compensation. The statute of limitations in Washington, D.C. and Maryland is three years. So if you treat for two and a half years, we cannot wait any longer to file suit, because we do not want to risk a bar to recovery under the statute.
As personal injury attorneys, we advise our clients on what their case is worth. Suppose someone offers you $30,000 on your case, but you want $1 million for a case realistically worth only $30,000 at trial. In that case, we must explain your options, advise you of the proper decision, and ultimately leave the decision in your hands. This is your case, and we cannot make this decision for you. If you decide you want to go to trial, we will take your case to trial and let a judge and jury decide its fate. Your input is crucial throughout this process, and we are committed to your desired outcome, in or outside of court.
Contact a Personal Injury Lawyer
If you are still deciding whether your case will go to trial, please contact our office for a free consultation. In addition to the cases listed above, we also handle motorcycle accidents, truck accidents, wrongful deaths, and more.
