Will My Personal Injury Case Go to Trial?

You can settle out of court concerning a personal injury case or get involved with the court. In most car accident-related suits, lawyers will get you significant settlements without stepping into a courtroom. Contact an auto accident lawyer in Texas immediately if you suffer any injuries to ensure a smooth process.

Why Your Personal Injury Case May Go To Trial

Personal injury cases are tried if the defendant and the plaintiff disagree on the amount. In some cases, the plaintiff or their lawyer may feel the amount the defendant is offering is too low and opt for an out-of-court settlement.

The issues often go to the court, where the plaintiff doesn’t feel entirely responsible. Such happens when the two parties have contradicting evidence of the incident. If your lawyer suggests you go to trial, they probably believe they can get a higher settlement from a judge or jury.

Trial Process

The first process is jury selection when you proceed to get a ruling on your payment. If your case requires one, making a selection is the first step of the trial.

The second stage is the opening statements from the defendants, plaintiffs, or their respective lawyers. Witnesses then deliver their testimonies, with the attorneys conducting a cross-examination.

After hearing the argument, the judge or jury gives a final verdict. In a jury trial, they must deliberate and reach a unanimous decision before delivering a verdict.

Advantages Of Your Case Going To Trial

  1. In some cases, you may get more money. A jury will likely understand and sympathise with your situation and reward you with more money than a defendant could have ever paid.
  2. Winning a court case gives you a sense of justice. When you put your offender on trial, you get more closure than you would on an out-of-court settlement.
  3. Your trial provides a precedent and prevents what happened to you from happening to someone else.

Disadvantages Of Going To Trial

  1. It is expensive. You might get higher pay, but the trial expenses take a big chunk.
  2. It is time-consuming. The trial process can take weeks or months, sometimes years. Many processes, such as evidence correction and trial proceedings, take time before you can finally receive your settlement.
  3. A trial can go either way. A win is not assured, and you may lose and get nothing.


You can agree with the defendant without the need for court. In many auto accidents, the insurance companies are always willing and ready to pay reasonable sums instead of going to trial.

Settlements will give you quicker pay and reduce your expenses, but the defendant may fail to honour the agreement, requiring you to pressure them into paying.


Your case will only go to trial if you can’t reach an agreement with the defendant. However, a trial is not necessarily a bad thing. With a good lawyer, you might get better compensation from a trial. The best way to avoid a trial is to take good care of yourself, especially on the road.

By Allan Butcher