Will My Personal Injury Lawsuit Go to Trial in California?
November 1, 2024 Posted In Uncategorized
In California, most personal injury lawsuits settle before reaching trial. However, when liability, damages, or bad faith practices by insurers are at issue, a case may proceed to court.
The Likelihood of Settlement in California Personal Injury Cases
Approximately 95% of personal injury lawsuits settle before reaching the courtroom. In California, courts often encourage parties to attempt settlement through mediation or negotiation. Mediation allows both sides to discuss their positions with a neutral mediator, who helps facilitate an agreement. This approach often resolves disputes without the time, expense, and uncertainty associated with trial.
Additionally, insurance companies typically prefer to avoid trials due to the risks of unpredictable jury verdicts and potentially higher payouts. As a result, if you do file a Beaumont personal injury lawsuit, it may be the push they need to increase their settlement offers as the trial approaches.
Factors That May Lead a Case to Trial
Although settlement is typically the preferred outcome for all parties involved, certain circumstances increase the likelihood that a personal injury lawsuit will proceed to trial. Those include:
Disputes Over Liability
In some cases, the at-fault party or their insurer disputes responsibility for the accident. If there is a disagreement over liability and the parties cannot agree on who is at fault, the case may need to go to trial to allow a judge or jury to decide. Liability disputes are common in complex accidents, such as multi-vehicle collisions, or those that involve severe injuries.
Disagreements on Damages
If the insurance company or defendant (at-fault party) does not agree with your assessment of damages, they may offer a lower settlement than you believe is fair. When settlement offers fall short of covering these costs, you may choose to pursue the case in court to obtain a more appropriate award.
Bad Faith Tactics by Insurance Companies
In some cases, insurance companies employ delay tactics or refuse to negotiate fairly. When an insurer acts in bad faith by denying a legitimate claim, offering an unreasonably low amount, or delaying payment, you may decide to take the case to trial. California law allows plaintiffs (injury victims) to hold insurers accountable for bad faith, which can potentially increase your overall compensation if successful.
Strong Evidence Favoring the Plaintiff
If there is compelling evidence supporting your case, your attorney may advise you to take the case to trial to secure a larger award than the insurer is willing to settle for.
How an Attorney Helps with Settlement and Trial Preparation
An experienced Beaumont car accident attorney can play a vital role in evaluating whether settlement or trial is the best option. They will aggressively negotiate for fair compensation and protect your interests. However, they will also prepare your case for trial in the event that settlement discussions break down.
When trial becomes necessary, an attorney’s preparation and legal experience will be vital. With a skilled attorney’s guidance, you can efficiently navigate the process and make informed decisions, significantly increasing your chances of a favorable outcome.