Beyond the Settlement: When Going to Trial Empowers Your Injury Claim

When you’ve suffered an injury, it’s crucial to start seeking compensation for the physical, emotional, and financial consequences right away. That’s why many of our clients are initially drawn to the prospect of a settlement. However, while a settlement might offer a quicker resolution, there are certain instances in which taking your case to trial is your best chance at securing the justice you deserve.

Understanding these scenarios empowers you to make informed decisions alongside your legal counsel. With that in mind, Regard Law Group has collected some useful information on the matter below. Keep reading to learn more about the circumstances that merit taking a personal injury case to trial.

When Taking It to Trial Makes Sense

  • In the Event of Significant Damages: When your injuries leave lasting impacts on your health, career, or earning potential, a settlement may fall short of truly reflecting the totality of your losses. A trial allows you to present the full extent of your pain and suffering, potentially leading to a verdict that more accurately compensates you.

  • Liability Disputes: If the opposing party denies responsibility for your injuries or offers a settlement based on a distorted version of events, a trial can offer a solid platform for rectifying the narrative. Through witness testimonies, expert opinions, and meticulous presentation of evidence, you can establish negligence and secure a verdict that accurately reflects the facts.

  • Intangible Losses: Beyond medical bills and lost wages, personal injuries often inflict profound emotional and psychological damage. Anxiety, depression, and lasting pain can significantly impact your quality of life. While settlements may address financial losses, going to trial allows you to present the human cost of the injury, potentially leading to a verdict that acknowledges the full scope of your suffering.

  • Principle and Precedent: In some cases, the pursuit of justice transcends personal compensation. If your injury arises from systemic negligence or egregious wrongdoing, taking your case to trial can set a precedent, preventing similar harm to others in the future.

Other Factors to Consider

While going to trial can offer unique advantages, it's rarer for clients to do so instead of seeking a settlement, and not without reason:

  • Time Investment: Trials can be lengthy, requiring a significant time commitment. Carefully evaluate the potential rewards against the time and effort a trial demands.

  • Uncertainty and Emotional Toll: Trials can be unpredictable; juries are human, and verdicts can be uncertain. Be prepared for a protracted and perhaps emotionally draining process.

  • Settlement Opportunities: Even while preparing for trial, remember that settlement negotiations can continue throughout the process. If a fair offer emerges at any point, your attorney can guide you toward the most advantageous resolution.

If you or someone you know is expecting to go to trial in Lexington, KY, and the surrounding areas, contact us. We can put our decades of experience to work for you. Learn more by scheduling a free consultation with our team of Kentucky trial lawyer experts.

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The Big Decision: When to Settle Your Personal Injury Case