If you have been injured due to someone else’s negligence, perhaps in a car accident, and hired a Denver personal injury attorney, you probably expected to resolve your case through a settlement. If you were unable to agree on a fair and appropriate settlement amount, you may find yourself taking the case to trial. Our team at Zara Injury Law will help you understand why and what to expect so you are prepared for what lies ahead.
Most personal injury cases settle, but not all
Most personal injury claims are resolved through settlement negotiations. That is because insurance companies usually want to avoid the cost, time, and unpredictability of a trial. Similarly, injured parties often prefer settling out of court to avoid stress and delay. However, some situations require you to file a personal injury lawsuit and take the case to trial, especially when the liable party does not make a fair settlement offer.
Let’s explore some common reasons your personal injury case might be headed for court.
Disputes over liability
A trial often becomes necessary when the at-fault party or their insurer refuses to accept responsibility. For example, in cases involving multiple vehicles or complex injury causes, insurers might argue that their policyholder was not entirely at fault. Colorado follows a modified comparative negligence rule, meaning if the court finds you to be more than 50% responsible, you cannot recover damages. In these scenarios, an experienced personal injury lawyer may advise you that filing a personal injury lawsuit is the only way to pursue the compensation you deserve.
Low or unfair settlement offers
Another common reason a personal injury case may go to trial is that settlement offers from insurance companies are simply too low. These companies often try to minimize payouts, sometimes ignoring or downplaying critical damages such as lost wages, future medical costs, or pain and suffering. If they refuse to budge during settlement negotiations, a trial might be the only path to full recovery. Your personal injury attorney will compare the offer to the estimated value of your claim and may recommend proceeding to court if the gap is too large.
Disagreements about damages
Even when an insurer is not contesting liability, the amount of compensation can be a sticking point. For instance, the insurance adjuster may not believe your injuries are as severe as your doctor claims, or they may challenge the need for future treatment or dispute how your injuries have impacted your life. When presented evidence, such as medical records, expert opinions, or your own testimony, fails to convince the insurer, your lawyer may decide it is time to let a judge or jury weigh in.
Bad faith by the insurance company
There are times when insurance companies act in bad faith, delaying investigations, refusing to provide explanations for denials, or making unreasonably low offers. In such cases, your Denver personal injury attorney may advise filing a lawsuit not only to pursue your personal injury claim but also to hold the insurer accountable. A trial can bring public attention to the insurer’s conduct and potentially lead to punitive damages, depending on the situation.
You want your day in court
Sometimes, plaintiffs prefer going to trial for personal or emotional reasons. If you feel strongly that a public proceeding is necessary for closure, justice, or to make a statement, you have the right to pursue your claim in court. Though your experienced personal injury lawyer may explain the risks and benefits, the final decision is ultimately yours.
What happens when a case goes to trial?
If your personal injury case goes to trial, your attorney will present your side of the story, beginning with an opening statement to lay out the facts and what you are seeking. Throughout the trial, each side presents evidence, such as medical records, expert testimony, and accident reconstructions. The attorneys may call witnesses, and both sides will have the opportunity to cross-examine them. Ultimately, a judge or jury will decide whether the defendant was liable and how much compensation they owe you.
Should you be worried about the trial?
Going to trial might sound intimidating, but with the right legal team by your side, it is often a manageable and necessary step toward justice. A skilled trial lawyer will know how to prepare your case thoroughly, advocate persuasively, and keep you informed through every step of the process.
This is why choosing the right legal representation matters. Many personal injury lawyers never take cases to court. A firm like Zara Injury Law that is fully equipped for trial can often secure better outcomes, even in settlement negotiations, because insurance companies know they are willing and able to fight.
Talk to a Denver personal injury attorney today
If you are wondering why your personal injury claim might be going to trial, or if you are simply unsure of the best path forward, reach out to Zara Injury Law online or at (866) 823-8288 for a free consultation. Our experienced personal injury lawyer will evaluate your case and help you understand whether a trial is the best course of action.