Why Some Personal Injury Cases Go to Trial


A significant number of personal injury cases settle outside of court. If the plaintiff and defendant can agree to a settlement during negotiations, going to trial isn’t necessary. Settling a case is much less expensive and gives each side more control over the result.

However, a trial is often the next obvious stage in a personal injury lawsuit if the insurance company refuses to settle for a fair amount and the plaintiff knows they deserve higher compensation than the offer they receive.

Insurance carriers are notorious for doing everything they can to avoid paying claims. They want to save money by reducing the value of a case and getting away with settling for an inadequate amount or denying the claim entirely.

What Is a Trial Lawyer?

A trial lawyer represents clients during lawsuits. In a personal injury case, a trial lawyer is essential to helping an accident victim pursue compensation for their injuries in situations such as:

  • Construction accidents
  • Pedestrian accidents
  • Dog bites
  • Boat accidents
  • Premises liability
  • Car and truck accidents
  • Workplace accidents
  • Train accidents
  • Wrongful death
  • Bicycle accidents

You must hire a personal injury attorney with trial experience. Some attorneys have extensive knowledge of injury claims and know how to negotiate settlements successfully. However, they might never see the inside of a courtroom. Many avoid going to trial. Although that might not be in their client’s best interests, their goal is to resolve the matter without a lengthy and costly lawsuit.

A reputable trial attorney offers valuable advice and guidance during a personal injury matter. They review every possible option to pursue compensation for those wronged by others’ misconduct. They develop a strategic plan, obtain essential evidence, oversee depositions, and present arguments to the judge and jury.

A law degree and license to practice law are necessary for a trial lawyer. They must understand local laws and how to apply them to their cases. They should know how to create solid and persuasive arguments for trials and advocate for their clients during every stage of the legal process.

The responsibilities and duties of a trial lawyer commonly include:

  • Writing and reviewing motions to file with the court
  • Filing the necessary paperwork by specific deadlines
  • Analyzing evidence and prepping for the scheduled trial
  • Locating key witnesses to testify before a jury
  • Preparing pleadings, reports, briefs, motions, and other necessary documents
  • Developing and implementing effective strategies to reduce the risk of negatively affecting the case during the pretrial phase
  • Directing the legal team and support staff while handling the lawsuit
  • Obtaining evidence to present at trial
  • Identifying and addressing potential problems and crafting viable solutions
  • Navigating the discovery process diligently to uncover the opposing party’s position and disprove their case
  • Updating the client on the status of the lawsuit

Common Reasons Cases Proceed to Trial

Settling out of court is ideal for many personal injury cases. Although resolving a dispute during negotiations or mediation is sometimes possible, some lawsuits require a trial. The most common reasons some cases go to trial include:

  • Each party calculates a significantly different value of the plaintiff’s losses.
  • The defense attorney believes the jury will side with their client.
  • The insurance carrier doesn’t want to set a precedent for settling this type of matter.
  • Opposing sides disagree on fault and who should be liable for the accident.
  • Mediation isn’t successful in reaching an agreement.
  • The plaintiff and defendant are unwilling to compromise and cooperate.
  • The defendant believes the proposed settlement is too high.
  • The plaintiff’s lawyer has substantial evidence to prove the defendant is responsible for the accident.
  • The accident victim thinks the insurer acted in bad faith while handling their injury claim.

Factors Influencing a Personal Injury Case

The attorneys on each side will examine various factors to determine whether they should settle or go to trial, such as:

  • The plaintiff’s family situation
  • The type and extent of the injuries sustained in the accident
  • Whether the judge or jury is likely to sympathize with the plaintiff
  • The plaintiff’s income and earning capacity
  • The cost of hospital and medical care
  • The plaintiff’s age
  • Whether the plaintiff has lost wages, property damage, and other losses from the incident

Contact a Dedicated Personal Injury Attorney Today

Brach Eichler Injury Lawyers has a high success rate in achieving favorable settlements for injured clients in New Jersey. Our case results range from hundreds of thousands of dollars to millions. When you hire us, we will protect your rights and aggressively seek the compensation you deserve.

If you sustained injuries in an accident due to someone else’s negligence, call Brach Eichler Injury Lawyers at (973) 364-8300 for a free consultation.

Written by: Brach Eichler Injury Lawyers Last Updated : May 9, 2023


Speak With a Skilled Auto Accident Attorney

If you have been involved in a motor vehicle accident, call us. We are here for you. The consultation is Free. You will not pay any fees unless we win your case, because here at Brach Eichler Injury Lawyers, it's all about getting results for you.

Our Verdicts & Settlements

  • $5.8 Million Settlement Brach Eichler Injury Lawyers Obtained a $5.8 Million Settlement on Behalf of Injured Client
  • $5.35 Million Settlement Brach Eichler Injury Lawyers Obtained a $5.35 Million Settlement at Trial on Behalf of a Pedestrian Struck by a Tractor Trailer
  • $4.8 Million Settlement Brach Eichler Injury Lawyers Obtained a $4.8 Million Settlement on Behalf of a Woman Injured in a Trucking Accident
  • $2.25 Million Settlement Brach Eichler Injury Lawyers Obtained a $2.25 Million Settlement for an Auto Accident Victim in Bergen County

* Results may vary depending on your particular facts and legal circumstances.

View All Results

Meet Our Trial Attorneys

The trial attorneys at Brach Eichler Injury Lawyers have decades of experience with personal injury litigation. We understand the difficulties accident victims experience. Our staff is especially skilled at dealing with medical providers and insurance companies to navigate these claims and allow you to focus on what is truly important - getting back to health.

What Our Clients Are Saying About Us

  • "My case was not a simple case, but Ed Capozzi and his team took it head on. It was a pleasure to deal with Ed Capozzi and Corey Dietz. All their knowledge and fast response to any questions I had throughout the case made it easier on me. I can’t forget about Mr. Capozzi’s wonderful paralegal. Everybody was kind and thoughtful. This team of attorneys never made me feel like I was just another case. They make you feel like friends. If you need an personal injury lawyer, give Ed Capozzi and Corey Dietz a call! They won't let you down! Thanks to everyone at Brach Eichler Injury Lawyers! You guys rock!"

    Matt Wislocki
  • "I would never choose another law firm!! Mr. Edward Capozzi and Valentina treated me like family. I was scared to go to court but when I did, he was very aggressive and fought for me. I got so much money for my case!! I can't say it enough, THANK YOU!! THANK YOU!!"

    Margarita C.
  • " Brach Eichler Injury Lawyers is a top notch law firm. I worked specifically with Mr. Capozzi, and was very impressed with his knowledge of personal injury law, and his commitment to ensuring I got the result I deserved."

    Stephen Quigg

* Results may vary depending on your particular facts and legal circumstances.

  • Best Lawyers
    Best Law Firms US News
    American Association for Justice
    Topverdict.com Top 50 Settlements logo
    Best Attorneys of America
    Super Lawyer

Speak to an attorney today!

If you have been injured in an accident, call us! We are here for you 24 hours a day. The consultation is free. You will not pay any fees unless we win your case, because here at Brach Eichler Injury Lawyers, it is all about getting results for you.

Call Email chat