Most people assume that personal injury cases will automatically settle out of court. The reality is more complex. While roughly 95 percent of personal injury cases in South Carolina are settled before trial, that remaining five percent still represents thousands of cases each year that proceed to courtroom proceedings. If you find yourself asking, “Why is my personal injury case going to trial?” several factors may be at play.
The decision to take a personal injury case to trial is never made lightly. It involves careful consideration of legal strategy, potential outcomes, and the specific circumstances surrounding your injury. At Briggs Law Group, we have seen how various factors can push a case from settlement negotiations into the courtroom, and our Charleston personal injury lawyers want to help you understand what might lead to this outcome.
The Settlement Process vs. Trial
Before exploring why cases go to trial, it is important to understand the alternative. Settlement negotiations represent the most common resolution path for personal injury claims. During these discussions, your Charleston personal injury attorney and the insurance company or defendant work to reach a mutually acceptable compensation amount without court intervention.
The personal injury lawsuit process typically begins with attempts at settlement. Your personal injury lawyer in Charleston presents evidence of your injuries, damages, and the other party’s liability. Insurance companies often prefer settling because it provides cost certainty and avoids the unpredictability of jury decisions. However, when these negotiations fail to produce fair compensation, a trial becomes necessary.
Settlements offer several advantages, including faster resolution times and lower legal costs. They also provide privacy, as settlement terms often remain confidential. However, settlement amounts may be lower than what a jury might award, and accepting a settlement means giving up your right to pursue additional compensation later.
When Settlement Negotiations Break Down
Settlement discussions can stall or fail for numerous reasons. Insurance companies may dispute the extent of your injuries, argue that their insured party was not at fault, or claim that you contributed to the accident. When these disputes cannot be resolved through negotiation, litigation becomes the next logical step.
Some insurance companies adopt aggressive tactics, offering unreasonably low settlements or denying legitimate claims entirely. They may hope that injured parties will accept inadequate compensation rather than face the uncertainty of a trial. However, experienced personal injury attorneys in Charleston recognize these tactics and are prepared to take cases to court when necessary.
The strength of your case also influences settlement outcomes. If liability is clear and your injuries are well-documented, insurance companies are more likely to offer fair settlements. Conversely, if fault is disputed or your injuries are difficult to prove, the case may be more likely to proceed to trial.
Liability Disputes and Complex Legal Issues
One of the most common reasons personal injury cases go to trial involves disputes over liability.
When multiple parties are involved in an accident, determining who bears responsibility can become complicated. South Carolina follows a legal standard that often leads to contentious disputes about fault percentages.
Complex liability issues frequently arise in cases involving:
- Multi-vehicle accidents where fault is shared among several drivers
- Slip and fall incidents where property owners dispute their responsibility for dangerous conditions
- Medical malpractice cases where healthcare providers challenge the standard of care allegations
These disputes require extensive evidence gathering, expert testimony, and legal argument that may be better suited for trial resolution than settlement negotiation.
Disagreements Over Damages
Even when liability is clear, disagreements over the value of your damages can push a case to trial.
Insurance companies often challenge the extent of your injuries, the necessity of your medical treatment, or the impact of your injuries on your future earning capacity. These disputes are particularly common in cases involving:
- Soft tissue injuries that may not show up clearly on diagnostic imaging
- Traumatic brain injuries, where symptoms may be subtle but long-lasting
- Chronic pain conditions that are difficult to quantify
- Lost future earnings, especially for younger victims or those in specialized professions
A personal injury trial allows your attorney to present comprehensive evidence about your damages, including medical expert testimony, economic analysis, and life care planning. Juries can sometimes award more substantial compensation than insurance companies are willing to offer in settlement.
The Personal Injury Trial Process in South Carolina
If your case does proceed to trial, the personal injury trial process in South Carolina follows established procedures. The trial begins with jury selection, where attorneys for both sides question potential jurors to ensure fairness. Opening statements allow each side to present their theory of the case to the jury.
The plaintiff (injured party) presents evidence first, including witness testimony, medical records, and expert opinions. The defense then presents their case, often challenging the plaintiff’s evidence or arguing for reduced damages. Both sides can present rebuttal evidence before closing arguments.
The jury then deliberates and reaches a verdict. In South Carolina, personal injury cases require agreement from at least ten of twelve jurors for a verdict. If the jury rules in your favor, they will determine the amount of damages to be awarded.
Why Some Cases Should Go to Trial
While settlement often provides a quicker resolution, some cases are better suited for trial. If the insurance company’s settlement offer is significantly below your actual damages, a trial may be necessary to secure fair compensation. Additionally, cases involving particularly egregious conduct or those that could establish important legal precedents may benefit from trial resolution.
About 66% of plaintiffs win in bench trials and about 53% in jury trials, which shows that while trial outcomes are not guaranteed, many injured parties do receive favorable verdicts. Your attorney can help you evaluate whether the potential benefits of a trial outweigh the risks in your specific situation.
Get the Legal Help You Need Today
If you are dealing with a personal injury case in Charleston, SC, or anywhere in South Carolina, and are wondering why your case might be heading to trial, you need experienced legal representation.
Briggs Law Group can help. Contact us to schedule a consultation and learn how we can help you achieve the best possible outcome for your personal injury case.