5 Signs It’s Worth Taking Your Personal Injury Case To Trial
Taking your personal injury case to trial is a big decision that should not be taken lightly. Recognizing that there is no such thing as a guaranteed victorious outcome, assessing the potential costs and benefits involved is essential. While no two personal injury cases are exactly alike, here are five consistent and practical signs to determine whether or not your specific personal injury case is likely to bode well in trial.
1. Strong Evidence and Liability
The existence of clear liability and undeniable evidence plays a lead role in whether or not it is worthwhile to take your personal injury case to trial. Having these two variables working in your favor will significantly strengthen your case and the chances of getting your desired outcome. This evidence should include things such as:
- Photographs and Videos
- Eyewitness Testimonials
- Medical Records and Relevant Documentation
Upon evaluation, you should feel confident in proving the other party’s negligence or fault in the cause of your personal injury. If you feel strongly your evidence can convince a jury that you are not liable for the injury’s occurrence, moving forward with taking your personal injury case to trial would be beneficial.
2. Uncooperative Opposing Party
We would all like to be able to give others the benefit of the doubt. Unfortunately, things don’t always work that way. If you find yourself in a situation where the party responsible for your personal injury is being unrealistic, stubborn, or causing you more unnecessary stress, it would be wise to consider taking your personal injury case to trial. It is reasonable to deem the opposing party uncooperative if they do one or more of the following:
- Consistently denying liability
- Refusing to negotiate a fair settlement
- Failing to conduct a prompt and complete investigation
- Offering less money than your claim is worth
- Delaying or denying decisions on claims or requests for approval for medical treatment
These are all examples of bad faith tactics, which you should not have to put up with after suffering physical and emotional pain from a personal injury. Presenting your case to a judge or jury is an effective way to secure a fair resolution. That being said, pursuing a personal injury trial is likely the best course of action to ensure your rights are protected.
3. Comparative Negligence
For those who may not know, comparative negligence is when both parties share some fault. If you did play a role in the cause of your personal injury, taking your case to trial can help determine the degree of fault and directly impact the damages you are awarded. This is extremely important to note if the opposing party is trying to shift more of the blame onto you in an attempt to reduce their portion of liability.
Did you know? The state of Nevada enforces the modified comparative negligence rule with a plaintiff fault threshold of 50 percent. This means is that you, as the plaintiff, can recover compensation for your damages even if you share fault for the injury in question as long as your portion of the responsibility is less than 50 percent.
4. Unfair Settlement Offers
If you find yourself in a situation where you feel the opposing party’s insurance company or the defendant offers inadequate compensation, pursuing a personal injury trial may be your best course of action. When trying to determine whether or not you are being awarded an appropriate amount, you need to consider the following:
- Physical pain and suffering
- Emotional distress
- Lost wages
- Property damages
- Medical costs
All of these variables, along with any other negative impact you’ve incurred as a result of your personal injury, must be considered when deciding if the compensation you’ve been offered is worthy of acceptance. It is always a good idea to consult with an experienced personal injury attorney who can help you properly evaluate the fairness of a settlement.
5. Establishing a Legal Precedent
There are circumstances in which a trial verdict can influence future cases by establishing or clarifying legal precedents. If you believe the outcome of your personal injury case can set a new standard for similar cases in the future, it is worth considering going to trial. Your particular personal injury case could end up positively impacting the legal system and, as a result, benefit others who find themselves in similar personal injury situations.
Speaking of benefits, the main one of pursuing a personal injury case trial is the chance to receive higher compensation. During settlement negotiations, it is typical for the opposing party or the insurance company to offer a lower settlement than what you could potentially get after presenting your case to a judge or jury. So, taking your personal injury case to trial based on the assumption that it could establish a legal precedent that helps others in your position receive the higher compensation they deserve is an act of paying it forward.
A bonus: Taking your personal injury case to trial is a way to gain validation while holding the responsible party accountable. As stressful as this process can be, it can also bring a sense of closure upon justice being served.
Considering taking your personal injury case to trial?
This decision involves a considerable amount of time, resources, and an unpredictable outcome. That being said, your choice to go to trial should result from a careful evaluation of the specific circumstances associated with your personal injury case.
Consulting with a qualified personal injury attorney, like the Las Vegas and Phoenix personal injury attorney team at Lloyd Baker Injury Attorneys, will help you to provide you with the guidance and analysis you need to make an informed decision. Our professional personal injury attorneys always keep your best interest at the forefront as we take the time to get to know you and your unique personal injury case. To begin discussing your best course of action, contact us today!