When pursuing a case for an accident, the claim may be settled without going to court or proceeding to a personal injury trial. If your case is the latter, it may be caused by different factors, like the statute of limitations, liability disputes, major injuries, or low settlement offers.
If you are filing a personal injury case, this article will help you understand when to settle or go to trial, and why going to court is necessary in some instances.
What Happens When I File a Personal Injury Claim?
After meeting with your personal injury lawyer, the process typically begins with sending a demand letter to the at-fault party’s insurance company.
This letter outlines the details of your case, how the other party’s actions caused your injuries, and the compensation you’re seeking. Insurance companies will usually respond with a counteroffer, kicking off negotiations.
If the insurer refuses to settle or disputes your claim, your lawyer may file a lawsuit. This triggers the pre-trial and discovery phases, where both parties gather and share evidence. You might need to provide medical records, attend depositions, or even undergo a medical exam as part of this process.
Can I Settle My Case Before Having a Trial?
Yes, you can settle your personal injury case so you won’t have to go to trial, and this is what often happens in most cases.
Both sides almost always prefer to avoid a trial. Why? Because court trials are unpredictable. A judge or jury could throw out the case entirely, or rule in favor of one party with an all-or-nothing outcome. Even if a verdict is reached, appeals can drag cases on for years, making trials both high-risk and costly.
This is why most personal injury cases are resolved during negotiation, even after a lawsuit is filed. Lawyers and insurance companies work hard to reach a fair settlement, using the evidence gathered during discovery to strengthen their positions.
For cases where parties can’t agree, options like mediation or arbitration offer alternative ways to settle disputes. These involve neutral third parties helping facilitate an agreement without the need for a full trial.
Why Do Personal Injury Cases Go To Trial?
While rare, some cases do end up in court. These situations often involve:
Reason 1: You Are Close to the Legal Deadline.
A statute of limitations sets a specific deadline for filing a lawsuit, which varies depending on the state, location, and type of case. In California, you typically have up to two years from the date of an accident to file a personal injury claim.
Other related cases may include the following:
- Property Damage Claims: You have three years from the date of the car accident that caused the damage to file a claim.
- Personal Injury Claims Against Local Government: You must file within six months of the accident if pursuing claims against a local government entity.
If negotiations take too long, a lawyer may decide to take the case to trial. However, missing the statute of limitations can lead to serious consequences:
- Your personal injury claim will be invalid, meaning you will not receive any compensation for the accident.
- Your attorney could face legal repercussions for failing to pursue the case within the required timeframe.
- You may also have grounds to file a lawsuit against your attorney for negligence if they fail to act on your behalf.
Understanding these deadlines is essential for protecting your rights and ensuring your claim is filed in time.
Reason 2: There Is Dispute in Liability.
Proving that the other party’s negligence caused a car accident can be a complex and demanding process. This is especially true in cases where critical elements of evidence or testimony may not fully support your claim.
Here are some common challenges faced when attempting to establish negligence:
- Limited Evidence: If there is insufficient evidence, such as a lack of photos, videos, or physical proof from the accident scene, it can be difficult to conclusively demonstrate that the other party was at fault. Strong evidence plays a crucial role in building a solid case.
- Inconsistent or Conflicting Witness Testimonies: Witnesses play a vital role in corroborating the details of an accident. However, when their accounts differ or contradict each other, it can create uncertainty and weaken your claim. This is especially problematic if their statements conflict with other evidence.
- Misaligned or Missing Key Information: In some cases, details like police reports, accident reconstructions, or other vital documentation may not align with your version of events. Discrepancies in the information can cast doubt on your claim and make it harder to prove negligence.
Managing these challenges often requires meticulous attention to detail, a strong understanding of personal injury law, and the ability to gather and present compelling evidence. Working with an experienced attorney can significantly improve your chances of overcoming these obstacles and ensuring that justice is served.
Reason 3: You Suffer Severe Injuries.
Car accidents can be devastating, often resulting in severe injuries that may include:
- Head and back injuries
- Soft tissue lacerations
- Bone fractures
- Internal damage
Unfortunately, suffering severe injuries from an accident comes with a high cost. You may face ongoing expenses for therapy, frequent doctor visits, prescriptions, and other medical care.
Note that the more severe and costly your injuries, the more likely the at-fault driver’s insurance company will dispute or deny your claim. This is why many personal injury cases end up in court.
If you’re undergoing treatment for accident-related injuries, here are a few key steps to protect your claim:
- Stick to a consistent treatment plan. Gaps in your medical care can give insurance companies a reason to challenge the legitimacy of your injuries.
- Seek the right specialist. Make sure to consult a doctor who specializes in treating your specific injuries. If your treatment doesn’t align with your injury type, insurers may argue that the injuries weren’t caused by the accident.
- Keep thorough medical records. Collect and organize all documents related to your accident and medical treatment. These records are crucial in proving the connection between the crash and your injuries.
Your injuries play a central role in personal injury lawsuits. The severity of your claim depends on the extent of the damage caused by the collision and how these injuries impact your life. By following these steps, you can strengthen your case and ensure you receive the compensation you deserve.
Reason 4: The Insurer Is Offering a Lowball Settlement.
Despite the valid arguments you present to the opposing party, they may still find ways to refute your claim. Insurance companies often have strategies to minimize payouts, either by reducing your compensation significantly or denying your claim altogether. In cases where the at-fault driver’s insurance company refuses to offer a fair settlement, your attorney may advise proceeding to a personal injury trial to pursue the justice and compensation you deserve.
One common question victims ask is, “Is it worth going to trial?” The answer often depends on the specifics of the case, but in many situations, going to trial can result in a better outcome.
While the initial settlement offer from the insurance company may seem sufficient to cover your current expenses, it often falls short of what you’re truly entitled to. Personal injury trials allow you to seek a more comprehensive compensation package, one that addresses not just immediate costs but also future financial impacts caused by the accident.
During a trial, accident attorneys will carefully examine all potential areas of compensation to ensure nothing is overlooked. These areas can include medical expenses (both current and future), lost wages due to missed work, vehicle repair or replacement costs, pain and suffering, and other damages that directly resulted from the accident. By thoroughly calculating the true extent of your losses, your attorney can present a stronger case to maximize your compensation.
While trials can be time-consuming and emotionally taxing, the potential benefits often outweigh the challenges, especially when the alternative is accepting an inadequate settlement that doesn’t cover your full losses or losing your case altogether.
Consulting with an experienced personal injury lawyer can help you determine the best course of action for your unique situation. They’ll ensure you are fully informed about your rights and options, so you can confidently decide whether moving forward with a trial is the right choice for you.
What Happens During a Personal Injury Trial in California?
If your personal injury case goes to trial in California, a jury will decide two critical questions:
- Is the defendant responsible for your injuries?
- How much compensation should they pay?
A trial can feel overwhelming, but understanding the process can help you feel more prepared. Here’s an overview of what typically happens during a California personal injury trial:
1. Opening Statements
- Your lawyer and the defense attorney begin by delivering opening statements.
- These statements outline what each side intends to prove over the course of the trial.
- Your lawyer will lay the groundwork for establishing the defendant’s responsibility and the impact of your injuries.
2. Presentation of Evidence
Both sides present evidence to support their case. This evidence may include:
- Witness statements: Testimonies from people who saw the accident or are familiar with your situation.
- Accident scene photos: Visual proof of how and where the accident occurred.
- Medical records: Documentation of your injuries and treatments, proving how the accident affected you physically and financially.
- Expert testimony: Insights from professionals, such as doctors or accident reconstruction experts, to clarify complex details.
- Surveillance or dashcam footage: Video evidence that may show how the incident unfolded.
This stage is crucial for demonstrating how your injuries occurred and the long-term impact they’ve had on your life.
3. Cross-Examination of Witnesses
- Both your lawyer and the defense have the right to cross-examine the other side’s witnesses.
- The goal is to challenge their credibility, clarify inconsistencies, or highlight weaknesses in the opposing case.
4. Closing Statements
- After all evidence is presented, each side delivers closing arguments.
- Your lawyer will summarize your case, emphasize the key evidence, and explain why the jury should rule in your favor.
- The defense will do the same, arguing their perspective.
5. Jury Deliberation and Verdict
- In California personal injury cases, the jury usually consists of 12 people.
- To secure compensation, your lawyer must convince at least 9 of the 12 jurors to agree with your case.
- This includes deciding the amount of damages you should receive for your injuries.
Every step of the trial process is designed to present your story clearly and persuasively. With the right legal support, you can confidently face this process and maximize your chance of receiving the compensation you deserve.
Is It Better To Settle Or Go To Trial?
Typically, your lawyer will try to settle your case without going to a personal injury trial. When you agree outside of court, it is usually less stressful and demanding.
However, there are instances where you will need to proceed to litigation, as mentioned above. The advantages and disadvantages of having personal injury trials are as follows:
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While there are pros and cons to pursuing a personal injury trial, there are factors to consider when choosing which method to use when claiming restitution. An accident lawyer can help you determine the severity of your case and which settlement process you should go through.
Can I Proceed to a Personal Injury Trial Without a Lawyer?
Yes, you can represent yourself in a personal injury trial in California, as the law allows individuals to proceed pro se (without a lawyer). However, this is rarely advisable, especially in cases involving serious injuries or complex legal issues.
Trials are inherently technical, governed by strict rules around evidence, court procedures, and legal strategies. Representing yourself would mean taking on responsibilities such as:
- Collecting and submitting evidence in compliance with court rules
- Questioning and cross-examining witnesses
- Managing deadlines, filings, and procedural motions
- Crafting compelling opening and closing arguments
- Handling objections raised by the opposing attorney
- Adhering to California’s jury instructions and civil procedures
Even small missteps can have significant consequences, potentially costing you your case or significantly reducing the compensation you deserve. Opposing attorneys, often backed by large insurance companies or government entities, will exploit any mistakes to their advantage.
So, while you have the right to represent yourself, having an experienced personal injury lawyer greatly improves your chances of protecting your rights and securing the compensation you’re entitled to.
Peace of Mind with a Trusted Lawyer on Your Side
Choosing the right personal injury lawyer can significantly increase your chances of winning your case without actually handling what can be a stressful and complex legal process. An experienced attorney not only fights to secure the maximum compensation you deserve but also ensures you are fully protected, whether your case is resolved through settlement or goes to trial.
At The Law Offices of Larry H. Parker, we’re dedicated to providing exceptional legal representation and working relentlessly to achieve the best possible outcome for your case. With decades of experience and countless successful cases, we’re here to guide and support you every step of the way, even in a personal injury trial.
Why Choose The Law Offices of Larry H. Parker?
- Decades of Experience: Our team has handled thousands of personal injury cases with a proven track record of success.
- Aggressive Representation: We fight harder than anyone to get you the compensation you deserve.
- No Upfront Costs: You don’t pay anything unless we win your case.
- Free Consultation: We offer an initial consultation to discuss your case with no obligation.
- Comprehensive Support: From start to finish, we handle every aspect of your case so you can focus on recovery.
Don’t settle for less than you deserve. Call us today at 800-333-0000 or fill out our contact form for a free consultation, and let us help you get justice. Pay nothing unless we win your case.
What Our Clients Say About Us
No other personal injury lawyer will fight for you as passionately as we will, even though many may take on your case and prepare a legal defense. As proved by our previous clients, our lawyers are extraordinarily well-equipped to put up a claim without making any mistakes:
“I am very happy with the work Ron Beck had put into my case and for him educating me on minor compromises. If I ever get into an accident again I will make sure to give them a call.” – Tabatha H.
Frequently Asked Questions About Personal Injury Claims
Need to learn more about truck accident claims? We want to help you! Here are common questions injured victims ask, which may clarify various aspects of your case.
- Can I Switch California Personal Injury Lawyers?
- California Personal Injury Settlements: Taxable or Not?
- When Do Insurance Companies Replace a Vehicle After a Car Accident in California?
- Why Won’t a California Personal Injury Attorney Take My Case?
References
California Civil Code 338. (n.d.). California Legislative Information. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=338
California Civil Code 335.1. (n.d.). California Legislative Information. http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=335.1
California Code Gov. 911.2. (n.d.). California Legislative Information. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=911.2
Driscoll, J.D., B. (2024, August 7). California Personal Injury Statute Of Limitations 2025. Forbes.com. https://www.forbes.com/advisor/legal/personal-injury/california-statute-limitations/
Guide, S. (n.d.). Frequently Asked Questions About Pro Se Litigation What does it mean to appear pro se? Can a Court Employee give me legal advice. United States District Court for the District of Massachusetts. Retrieved July 1, 2025, from https://www.mad.uscourts.gov/general/pdf/prosefaqs.pdf
