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Inside the Courtroom: Why Do Personal Injury Cases Go to Trial?

Many personal injury claims are resolved before a lawsuit is filed – and even the lawsuits that are filed sometimes settle before the case goes to trial.

However, not all personal injury cases can or should be settled outside of a courtroom – and in any case, it’s best to prepare your case as if it will end up going to trial, even if it doesn’t. Let’s take a look at some examples of what decides the circumstances around the settlement of any personal injury case.  

Is It Best for Your Case to Settle?

Maybe your personal injury case is pretty straightforward, and maybe the other party’s insurance company is willing to pay a healthy sum that you’re happy with. If that’s the situation, then sure, maybe it’s best for you to settle outside of court.

However, there are few “straightforward” cases that can be settled that easily. In fact, many cases can’t be settled at all. This may happen for two reasons:

  •      The case is too complex to settle, and there are issues that need to be resolved in the time leading up to the trial, during what is known as the “discovery process.”
  •      The case is simple, but the other side just won’t give an inch.

How Can You Prepare for a Trial?

The best way you can get ready for the possibility of a trial is to hire the best personal injury lawyer you can find. That means looking for someone who won’t just go through the motions and then hope you get a good settlement – it means enlisting the help of an experienced, determined attorney who will work up your case to the furthest possible extent. This may include interviewing witnesses, investigating accident scenes, and more.

You want someone who will dig beneath the surface of your case and examine all of the things that happened before, during, and after the accident so that your compensation is the highest amount possible. You and your personal injury lawyer should both proceed as if your case will go to trial so that if it does, you are 100% prepared.

We Can Help!

Are you looking for an experienced, trustworthy personal injury lawyer? Contact Wettermark Keith today for a free consultation. If your case needs to go to trial, we will leave no stone unturned – and we’ll make sure your life gets back on track.

Frequently Asked Questions about Personal Injury Cases and Trials

Why do some personal injury cases go to trial instead of settling outside of court?

While many personal injury claims are settled before a lawsuit is filed, some cases cannot be resolved through settlement. Complex issues that need to be resolved during the discovery process or the other party's refusal to negotiate may lead to a trial.

How do I determine if it's best to settle my personal injury case or go to trial?

If your case is relatively straightforward, and the other party's insurance company is willing to offer a fair settlement that you are satisfied with, settling outside of court may be the best option. However, if the case is complex or the other side is unwilling to cooperate, going to trial may be necessary.

What can I do to prepare for the possibility of a trial in my personal injury case?

To prepare for a trial, it's essential to hire an experienced and determined personal injury lawyer who will thoroughly investigate your case. This may involve interviewing witnesses, examining accident scenes, and gathering all relevant evidence to build a strong case.

How can an experienced personal injury lawyer help me if my case goes to trial?

An experienced personal injury lawyer will provide comprehensive legal representation, diligently working to secure the highest possible compensation for your injuries. They will guide you through the trial process, present evidence, question witnesses, and advocate for your rights to ensure your case is presented convincingly.

Ready to work together? Contact us today for a free consultation.


If you or a loved one have been injured and think you might have a case, call us now for a free consultation.