Reasons for Taking Your Personal Injury Claim to Trial

Personal Injury Claim to Trial

Have you ever wondered why some people take their personal injury claims to trial? Usually, personal injury claims, such as those due to car accidents or slips-and-falls, are resolved through an out-of-court legal process where you and the other party only need to agree on a fair settlement without going to trial.

While it may seem more straightforward to settle outside of court, there are instances when going to trial is necessary. This article will help you understand why pursuing a personal injury lawsuit is essential and what to do to win one.

How Are Personal Injury Cases Resolved?

Personal injury cases can be resolved through various methods. However, mediation is the most common and simplest way to settle a personal injury claim. 

Mediation is a voluntary process in which a neutral third party, known as a mediator, facilitates discussions between the parties to reach a settlement. Note that the mediator does not make decisions; instead, they support the parties in obtaining a mutually acceptable arrangement or settlement. Mediation can be an effective technique to resolve disputes in a less hostile environment than a courtroom. Settlements through mediation can be favorable since they often result in faster outcomes and save time and money over going to trial. 

However, the personal injury claim may escalate to a trial if several legal issues arise. Examples of this may be a dispute over liability or a disagreement on the settlement value. 

Reasons for Taking Your Personal Injury Claim to Trial

While it may entail extra effort, time, and costs, sometimes, forwarding your case to court might be the best solution for you to receive maximum compensation for several reasons.

Dispute Over Liability

Sometimes, demonstrating the other party’s fault in an accident can be challenging, such as when there is insufficient evidence to substantiate your claim, witness testimonies conflict with each other, or relevant information about the case fails to align.

When the other party’s insurance company sees these issues, they may claim that you are partially or fully at fault for the case, leading to a case dismissal. You may pursue a personal injury lawsuit if you are certain that you didn’t cause the crash. 

If you are partly responsible for the accident, you may or may not receive compensation, depending on the jurisdiction of your state. For instance, under pure comparative negligence, you may still pursue a case if you are partially liable for the damages in California. However, your settlement will be reduced depending on how much you contributed to the accident. 

It is best to determine the jurisdiction of the state on such matters and contact a lawyer who knows how to go over these specifics and avoid having your case dismissed.

Statute of Limitations

The statute of limitations sets a specific time limit within which a lawsuit must be filed. When the statute of limitations expires, you will lose the right to bring a lawsuit or take legal action for your accident.

In personal injury cases, individuals typically have two years from the accident date to pursue legal action. However, this time frame varies depending on the state or jurisdiction and the nature of the case. For example, injured victims in Arkansas have three years to file a claim.

Let’s say a truck driver hits you in Bakersfield. Due to the car accident, you suffer a permanent leg disability. Since the treatment took so long, you now have limited time before the statute of limitations expires. In such a circumstance, Bakersfield personal injury lawyers can determine if the remaining time can be sufficient when filing a case and how to speed up the legal process for you to receive fair compensation.

Lawyers opt to proceed to trial when negotiations extend beyond a reasonable timeframe. Suppose your accident attorney fails to initiate legal proceedings within the statute of limitations. In that case, you may encounter several consequences, such as your claim becoming invalid, resulting in no compensation for the accident.

Your accident attorney may then encounter legal ramifications in such an instance, as you can pursue legal action against them for negligence in handling your case.

Severe Damages

Suffering severe injuries in an accident can lead to substantial expenses. You may face costs for therapies, frequent doctor’s visits, prescriptions, and other medical necessities. In a personal injury case, these damages are crucial as they are the basis of your settlement’s value.

Unfortunately, the more severe and costly your injuries, the higher the probability that the at-fault driver’s insurance provider will deny compensation. This is why some attorneys opt to pursue personal injury trials.

Insufficient Settlement Offer

If the insurance company’s settlement does not fully cover your damages, like medical bills, lost wages, and other losses, going to trial may be your only option for obtaining appropriate compensation.

While you can pursue a personal injury lawsuit, is it really worth the time, effort, and cost? Although the initial settlement offer might address your immediate accident-related expenses, opting for a personal injury trial typically results in higher compensation. This is because accident attorneys meticulously assess all potential avenues to include when determining the settlement amount.

Aside from the financial losses of the accident, they will determine if you suffered non-economic damages, such as emotional distress, pain and suffering, or loss of life enjoyment. They can quantify these and add them to your total compensation.

They can also contend for punitive damages, which are additional costs included in your settlement, if the court finds the at-fault party’s actions extreme or malicious. However, only the court can decide about this. 

Do I Need to Hire a Lawyer for a Personal Injury Claim?

Hiring an attorney is always a good idea, especially if your case faces several legal issues that may hinder you from getting the compensation you deserve. A lawyer can help you manage complex legal procedures, assert your rights, negotiate with insurance companies, gather evidence to support your case, and ensure you are compensated fairly for your injuries and losses. Furthermore, an attorney may provide the best legal advice and handle all parts of your case, freeing you to concentrate on your rehabilitation without the extra stress of legal proceedings.


Subscribe to Our Newsletter

Related Articles

Top Trending

Canada Immigration Cap
Navigating the Canada's Immigration Cap: What It Means for Student Dreams!
latest IPCC Report
Visualizing 1.5°C: What The Latest IPCC Report Means For Us? The Alarming Truth!
Top climate tech influencers 2026
10 Most Influential Voices in Climate Tech 2026
Best ethical coffee brands 2026
5 Best Ethical Coffee Brands 2026: The Sustainable Morning Guide
Stocks Betterthisworld
Complete Guide to Purpose-Driven Investing in Stocks Betterthisworld

Fintech & Finance

safest stablecoins 2026
5 Stablecoins You Can Actually Trust in 2026
Most Innovative Fintech Startups
The 10 Most Innovative Fintech Startups of 2026: The AI & DeFi Revolution
Best alternatives to Revolut and Wise
Top 5 Best Alternatives To Revolut And Wise In 2026
credit cards for airport lounge access
5 Best Cards for Airport Lounge Access in 2026
Best credit monitoring services 2026
Top 6 Credit Monitoring Services for 2026

Sustainability & Living

Indigenous Knowledge In Climate Change
The Role of Indigenous Knowledge In Fighting Climate Change for a Greener Future!
best durable reusable water bottles
Top 6 Reusable Water Bottles That Last a Lifetime
Ethics Of Geo-Engineering
Dive Into The Ethics of Geo-Engineering: Can We Hack the Climate?
Eco-friendly credit cards
7 "Green" Credit Cards That Plant Trees While You Spend
top renewable energy cities 2026
10 Cities Leading the Renewable Energy Transition

GAMING

Custom UggControMan Controller
UnderGrowthGames Custom Controller UggControMan: Unlocking The Gaming Precision!
Upcoming game remakes 2026
7 Remakes And Remasters Confirmed For 2026 Release
The 5 Best VR Headsets Under $500 January 2026 Guide
The 5 Best VR Headsets Under $500: January 2026 Buying Guide
Do Mopfell78 PC Gamers Have An Advantage In Fortnite And Graphic-Intensive PC Games
Do Mopfell78 PC Gamers Have An Advantage in Fortnite And Graphic-Intensive PC Games?
Esports Tournaments Q1 2026
Top 10 Esports Tournaments to Watch in Q1 2026

Business & Marketing

Stocks Betterthisworld
Complete Guide to Purpose-Driven Investing in Stocks Betterthisworld
charfen.co.uk
Mastering Entrepreneurial Growth: A Strategic Overview of Charfen.co.uk
Crew Cloudysocial
Crew Cloudysocial: Boost Your Team's Social Media Collaboration
The Growth Mindset Myth Why It's Not Enough
The "Growth Mindset" Myth: Why It's Not Enough
15 SaaS Founders to Follow on LinkedIn for 2026 Insights
15 SaaS Founders to Follow on LinkedIn: 2026 Growth & AI Trends

Technology & AI

Best cloud storage for backups 2026
6 Best Cloud Storage Solutions for Backups in 2026
snapjotz com
Mastering Digital Thought Capture: A Deep Dive into Snapjotz com
Custom UggControMan Controller
UnderGrowthGames Custom Controller UggControMan: Unlocking The Gaming Precision!
tech tools for hybrid workforce management
The 5 Best HR Tech Tools for Hybrid Workforce Management
Best alternatives to Revolut and Wise
Top 5 Best Alternatives To Revolut And Wise In 2026

Fitness & Wellness

The Psychological Cost of Climate Anxiety Coping Mechanisms for 2026
The Psychological Cost of Climate Anxiety: Coping Mechanisms for 2026
Modern Stoicism for timeless wisdom
Stoicism for the Modern Age: Ancient Wisdom for 2026 Problems [Transform Your Life]
Digital Disconnect Evening Rituals
How Digital Disconnect Evening Rituals Can Transform Your Sleep Quality
Circadian Lighting Habits for Seasonal Depression
Light Your Way: Circadian Habits for Seasonal Depression
2026,The Year of Analogue
2026: The Year of Analogue and Why People Are Ditching Screens for Paper