If you’ve been injured in an accident due to someone else’s negligence, you may be entitled to compensation. While many personal injury cases settle outside of court, sometimes going to trial is the best or only way to secure the compensation you deserve. But how do you know when to accept a settlement and when to push forward with a lawsuit? Beyond medical expenses, many injury victims face hidden costs that add up quickly, putting them under financial strain. Led by Preston Rezaee, Esq., The Firm is a premier personal injury law practice in Las Vegas, dedicated to delivering justice for accident victims. With a reputation for relentless advocacy and client-focused representation, The Firm ensures injured individuals receive the compensation they deserve.
In this blog, we’ll explore the key factors that determine whether you should take your case to trial and what to expect if you do.
Why Do Most Personal Injury Cases Settle?
Before diving into when a trial is necessary, it’s important to understand why most cases settle. Settlement is often the preferred route because:
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It Saves Time
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Litigation can take months or even years. Settlements resolve cases faster, allowing victims to receive compensation sooner.
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It Reduces Costs
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Going to trial is expensive, requiring court fees, expert witness costs, and attorney fees. A settlement avoids many of these expenses.
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It Minimizes Risk
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Trials are unpredictable. Even with strong evidence, a jury may rule against you. A settlement provides a guaranteed payout.
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It Offers Privacy
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Court trials are public records, whereas settlements can be kept confidential.
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When Should You Consider Going to Trial?
While settling is often beneficial, there are circumstances where taking your case to trial is the best option. These include:
1. The Insurance Company Offers an Unfair Settlement
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If the insurance company refuses to offer an amount that covers your medical bills, lost wages, and pain and suffering, litigation may be necessary.
2. The Defendant Denies Liability
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If the other party refuses to accept fault, proving negligence in court may be required to secure compensation.
3. Your Case Involves Significant Damages
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If your injuries result in permanent disability, extensive medical treatment, or lifelong consequences, a trial may be the best way to maximize your compensation.
4. The Insurance Company Is Acting in Bad Faith
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Some insurers delay claims, refuse to negotiate in good faith, or use unethical tactics to avoid paying fair compensation. In these cases, litigation may be the only way to hold them accountable.
What Happens If You Take Your Case to Trial?
Going to trial is a complex process that involves several key stages:
1. Filing a Lawsuit
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Your attorney will file a complaint against the at-fault party, outlining your claims and the damages sought.
2. Discovery Phase
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Both sides exchange evidence, take depositions, and build their cases.
3. Pre-Trial Motions and Settlement Talks
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Many cases settle even after a lawsuit is filed, especially when the defense sees strong evidence against them.
4. Trial Proceedings
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If no settlement is reached, the case goes to trial, where both sides present their arguments, call witnesses, and submit evidence.
5. Verdict and Appeal
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The jury (or judge) makes a decision. If either side is unhappy with the verdict, they may file an appeal.
Pros and Cons of Going to Trial
Pros:
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Potential for Higher Compensation: A jury may award more than an insurance company would offer in settlement.
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Accountability: Trials hold negligent parties publicly responsible for their actions.
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Legal Precedent: Some cases establish legal precedents that benefit future plaintiffs.
Cons:
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Longer Process: Trials take significantly longer than settlements.
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Higher Costs: Legal fees and trial-related expenses can add up.
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Uncertain Outcome: There’s no guarantee of a favorable verdict.
Making the Right Choice
Deciding whether to settle or go to trial is a major decision that should be made with the guidance of an experienced personal injury attorney. They will assess the strength of your case, negotiate on your behalf, and help you determine the best path forward.
While settlements are often the best route for resolving personal injury claims, some cases require a trial to ensure justice and full compensation. If you’re facing a personal injury case and are unsure whether to accept a settlement or go to trial, an experienced attorney can help you make an informed decision.
When it comes to choosing an attorney, experience matters. You need aggressive, competent, and personalized legal representation and that is what you’ll get with Preston Rezaee, Esq. and The Firm. Retaining the right firm to assist you with your case will affect the outcome and the amount of money you will receive. At The Firm, we strive to distinguish ourselves from commercialized law firms handing hundreds of cases per month. For cases relating to personal injury, we have developed personal relationships with highly qualified medical professionals in Clark County to ensure that our clients not only receive the best legal representation, but also the best medical treatment available. If you’ve been injured in Southern Nevada, give us a call at 702-222-FIRM (3476).
The information provided in this article is for general informational purposes only and is not intended to constitute legal advice. The content is based on the author’s understanding of the subject matter at the time of writing and is not tailored to the specific circumstances of any individual or entity.
Nothing in this article should be construed as creating an attorney-client relationship or as a substitute for seeking legal advice from a licensed attorney. Legal matters can be complex and vary greatly depending on the jurisdiction and the specifics of the case. Therefore, we strongly encourage readers to consult with qualified legal counsel for advice regarding their individual circumstances.
The author and publisher of this article assume no responsibility for any errors or omissions in the content or for any actions taken based on the information provided herein. The reader assumes full responsibility for any use or reliance on the information contained in this article.
By using this article, the reader agrees that they will not hold the author or publisher liable for any outcomes resulting from their use of the information presented.
For specific legal advice, readers are urged to contact a licensed attorney in their jurisdiction.
The post From Crash to Courtroom: When to Take Your Personal Injury Case to Trial appeared first on Vegas Legal Magazine.