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October 20, 2023 by Greg Baumgartner
by Greg Baumgartner
If you’ve been involved in a personal injury case, you might wonder why your personal injury case go to trial. After all, most personal injury cases are settled outside of court. However, certain circumstances may lead to a trial. Harris County personal injury attorney Greg Baumgartner discusses why a personal injury case may go to trial and what to expect during the trial process.
Personal injury cases involve disputes between parties over injuries caused by an accident, often resulting from someone else’s negligence. These cases can arise from various incidents, including car accidents, slips and falls, and accidents on construction sites. While most personal injury cases settle out of court, some may go to trial if a settlement cannot be reached. The primary goal of a personal injury lawsuit is to obtain fair compensation for the injured party’s damages, which can include medical expenses, lost wages, and pain and suffering.
Navigating the complex process of filing a personal injury lawsuit and potentially going to trial can be daunting. This is where an experienced personal injury lawyer becomes invaluable. They can guide the injured party through each step, from filing the initial claim to negotiating settlements and, if necessary, representing them in court. Ensuring that all aspects of the case are handled meticulously, an experienced personal injury lawyer helps the injured party receive maximum compensation for their injuries.
Before we dive into why your case may be going to trial, it’s important to understand the basics of personal injury cases. A personal injury lawsuit is filed when a personal injury victim claims harm from an accident caused by another who may be legally responsible. Personal injury laws include car accidents, slips and falls, construction site accidents, and more.
In most personal injury cases, the injured party, the plaintiff, will file a claim against the person or entity responsible for their injuries, the defendant. The defendant’s insurance company will typically handle the claim and try to negotiate a settlement with the plaintiff. However, if a settlement cannot be reached, the case may go to trial.
An experienced personal injury lawyer plays a crucial role in representing the injured party in a personal injury case. Their primary goal is to protect the client’s best interests and obtain fair compensation for their injuries. From the moment they take on a case, a personal injury attorney will thoroughly investigate the accident, gather essential evidence, and build a strong case to prove the at-fault party’s liability.
Negotiating with insurance companies is a significant part of a personal injury lawyer’s job. Insurance companies often aim to minimize payouts, but an experienced lawyer can counter lowball offers and push for a fair settlement agreement. The lawyer is prepared to take the case to trial if settlement negotiations fail. They will navigate the trial process, including jury selection, presenting witness testimony, and making compelling closing arguments.
With their vast knowledge and combined experience, a personal injury lawyer can effectively manage the complexities of a trial. They ensure the injured party’s rights are protected and work tirelessly to secure the compensation they deserve for their injuries and damages. By hiring an experienced personal injury lawyer, the injured party can focus on recovery while their legal team handles the intricacies of their injury claim.
One of the main reasons a personal injury case may go to trial is a disagreement on liability. Liability is who is legally responsible for the accident or injury, often referred to as the “at fault” party. The plaintiff must prove negligence. Sometimes, the defendant may deny liability and refuse to accept responsibility for the plaintiff’s injuries. Texas is a proportionate responsibility state, meaning everyone’s fault is assessed. Damages are reduced if the defendant’s fault is less than 100%.
If the plaintiff is assessed more than 50% of the fault, they do not receive money for the case in Texas.
Disagreements over fault can lead to a stalemate in settlement negotiations and ultimately result in a trial.
Another reason a personal injury case may go to trial is a disagreement over damages. Damages refer to the financial compensation the victims seek for their injuries, such as medical bills. The defendant’s insurance company may dispute the extent of the plaintiff’s injuries or the compensation they seek. Damage disputes can lead to a trial, where a jury will determine how much damages to be awarded.
Sometimes, the defendant’s insurance company may refuse to offer a fair settlement amount. The negotiation process typically begins with a demand letter that outlines the plaintiff’s claims and the compensation they seek. Lowball offers can occur when the defendant claims the plaintiff’s injuries are not as severe as claimed or if they are attempting to save money. The case may go to trial if the plaintiff and defendant are far apart on damages.
Conversely, some cases do not settle because the plaintiff has unrealistic expectations, and the demand made is unrealistic. Additionally, the plaintiff’s lawyer may have demanded an excessively high amount that the insurance company considered unrealistic, thereby hindering negotiations.
Some personal injury cases are more complex or have a higher value, making it difficult to reach a settlement agreement. Both parties may feel that a trial is necessary to ensure a fair outcome in these cases. Complex cases may involve multiple defendants, extensive injuries, or disputed liability. These cases can also involve significant court costs.
High-value cases may involve significant financial compensation, which makes the defendant’s insurance company more likely to fight the claim.
The more parties involved in a lawsuit, the more likely a trial will be needed.
personal injury lawyer Greg Baumgartner
If your personal injury case is going to trial. Here are the basic steps involved in a personal injury trial:
The first step in a personal injury trial is selecting a jury. The plaintiff’s and defendant’s attorneys will have the opportunity to question potential jurors and select a jury they believe will be fair and impartial.
Once the jury is selected, both attorneys will have the opportunity to make opening statements. These statements provide an overview of the case and outline the arguments each side will present.
After opening statements, the plaintiff’s attorney will present evidence to support their case. Evidence may include medical records, illustrations, witness testimony, and expert opinions. The defendant’s attorney will then have the opportunity to cross-examine the plaintiff’s witnesses and present their evidence.
Once all evidence has been presented, both attorneys will have the opportunity to make closing arguments. These arguments summarize the evidence and attempt to persuade the jury to rule in their favor.
After the closing arguments, the jury deliberates and reaches a verdict. Sometimes, the judge makes the final decision instead of a jury. The verdict will determine whether the defendant is liable for the plaintiff’s injuries and the damages to be awarded.
If either party is unhappy with the verdict, they may appeal the decision. Appeals can prolong the legal process and may result in a retrial.
If your personal injury case is going to trial, it’s crucial to have a skilled trial attorney on your side. Trial attorneys have experience in the courtroom and are familiar with the rules of evidence and procedures involved in a trial. They can effectively present evidence, cross-examine witnesses, and make compelling arguments to the jury.
While most personal injury cases are settled outside of court, certain circumstances may lead to a trial. Disagreements on liability or damages, failure to negotiate a fair settlement, and complex or high-value cases are why a personal injury case may go to trial. If your case is going to trial, having a skilled trial attorney on your side is important to ensure a fair outcome.
The Baumgartner Law Firm was founded in 1985 to provide a serious lawyer as an advocate for personal injury victims with serious injuries.
Contact the Houston personal injury law firm of Baumgartner Law Firm at (281) 587-1111.
Baumgartner Law Firm
6711 Cypress Creek Pkwy
Houston, TX, 77069
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Since establishing Baumgartner Law Firm in 1985, Greg Baumgartner has built a reputation as one of Houston’s leading personal injury attorneys, dedicated to representing severely injured victims and families who have lost loved ones due to negligence.
Greg holds two law degrees, a distinction earned by less than 1% of all attorneys, demonstrating his exceptional legal expertise. He is also a prestigious Trial Lawyers College graduate, further enhancing his skills in trial advocacy and litigation.
His relentless commitment to legal excellence and client advocacy has earned him recognition from prestigious organizations, including Super Lawyers, the Top 100 Trial Lawyers, and many others.
With decades of experience, Greg has consistently received top peer reviews. He holds a preeminent rating, a testament to his unwavering dedication to securing justice and maximum compensation for his clients.
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