When Should I Take My Personal Injury Case To Trial?

When Should I Take My Personal Injury Case To Trial?

After a motor vehicle accident caused by someone’s negligence, insurance companies are usually chomping at the bit to escape liability and having to payout compensation to victims. That means that if you’ve been injured in one of these wrecks then you need to be prepared to be bombarded with settlement offers that try to get you to commit to a certain amount of money in exchange for not pursuing a personal injury lawsuit at trial. While accepting a quick payout might sound tempting, it might not be right for you.


Before accepting or declining a settlement offer, you need to carefully analyze your case. The presence of the following factors might mean that it’s better for you to take your case to trial:

  • Your damages far exceed the settlement offer: Insurance companies always try to lowball your damages, but if they’re way off the mark, then you might want to consider going to trial.
  • Your evidence is strong: If you have numerous witnesses and other evidence that can establish liability and demonstrate the extent of your damages, then you’re more likely to succeed at trial, which means that there’s the potential for greater reward going into trial.
  • Your likely to succeed at trial: This analysis is similar to considering the strength of your evidence, but you’ll also want to think about the strength of any potential defenses that might be raised as well as how juries have handled similar cases.
  • You’re willing to put in the time: Litigation can take months, sometimes years, to complete, but it can be totally worth it. If you’re willing to wait and fight for what you deserve, then taking your case to trial might be your best option.

There isn’t one factor that is dispositive when deciding what to do with your case. Instead, you need to look at the totality of the circumstances to determine your best course of action. As attorney who is experienced handling these types of cases might be able to assist you and ensure that you’re achieving the best possible outcome given the circumstances at hand.

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