At Langdon & Emison, our Kansas City personal injury lawyers know most cases can be challenging, often involving tough legal battles. While most claims settle out of court, there are situations where taking the case to trial is the only way to get the compensation you truly deserve. If you’ve been injured due to someone else’s negligence and are wondering why your case might head to trial, this blog breaks down the common reasons and what you can expect from the process.
Common reasons personal injury cases go to trial
While settlements are often quicker and less stressful, there are several reasons why a personal injury case might go to trial. Below are some of the most common scenarios where litigation becomes necessary.
Dispute over liability
In many personal injury cases, the defendant (or their insurance company) may dispute who is at fault for the accident. If the defendant denies responsibility or has conflicting evidence about who caused the injury, the case may need to go to trial to have a judge or jury determine liability.
Inadequate settlement offer
Sometimes, the at-fault party or their insurance company may offer a settlement that is far below what the injured person needs to cover their medical expenses, lost wages, and pain and suffering. If the settlement offer is unfair or insufficient, going to trial may be the best way to secure the compensation you deserve.
Severity of the injury
In cases involving severe or catastrophic injuries, such as spinal cord injuries or traumatic brain injuries, the stakes are higher, and the compensation needed to cover long-term medical care and lifestyle adjustments is substantial. Insurance companies may be unwilling to offer the full amount needed in these high-value cases, leading to a trial to fight for just compensation.
Disagreement over damages
Even if both parties agree on who is at fault, there may still be disagreements over the extent of the damages. This could include disputes over the cost of future medical care, lost wages, or the non-economic damages for pain and suffering. When the parties cannot agree on these figures, a trial may be required to resolve the dispute.
Bad faith by the insurance company
Sometimes, an insurance company may act in bad faith by deliberately delaying or denying a valid claim without a legitimate reason. Missouri law protects consumers from bad faith practices by insurers (Section 375.296, RSMo). If the insurance company refuses to negotiate fairly, taking the case to trial can force them to face accountability.
What to expect if your personal injury case goes to trial
If your personal injury case goes to trial, knowing what to expect and how the process works is essential. Going to trial can be daunting, but having an experienced trial lawyer by your side can help you navigate the complexities of the courtroom.
Pre-trial preparations
Before the trial begins, both sides engage in the discovery phase, where evidence is exchanged and depositions are taken. During this time, your attorney will gather medical records, expert witness testimony, accident reports, and other relevant information to build a strong case. Pre-trial motions may also be filed to resolve specific legal issues before the trial starts.
Jury selection
If your case is going before a jury, the process begins with jury selection. Both sides can question potential jurors to ensure they are impartial and can fairly evaluate the evidence. This step is critical, as the jury’s composition can influence the trial’s outcome.
Opening statements
Once the jury is selected, both sides present their opening statements. The plaintiff’s lawyer (your attorney) will outline the facts of the case, explain how the defendant’s negligence caused the injury, and describe the damages suffered. The defense will then offer its version of events.
Presentation of evidence
During the trial, both sides will present evidence to support their claims. This includes witness testimony, expert opinions, medical records, and accident reconstructions. Your attorney will work to prove that the defendant’s negligence caused your injury and demonstrate the extent of your personal injury damages.
Cross-examination
After each side presents its witnesses, the opposing side can cross-examine them. Your lawyer will cross-examine the defendant’s witnesses to challenge their credibility and highlight weaknesses in the defense’s case.
Closing arguments
Both sides will make their closing arguments once all the evidence has been presented. Your lawyer will summarize the case and explain why the evidence supports your compensation claim. The defense will make its final argument, and the case will be handed over to the jury (or judge in a bench trial).
Verdict and judgment
After deliberating, the jury or judge will reach a verdict. If the jury finds your favor, they will also determine the compensation you should receive. In Missouri, this could include economic damages (such as medical expenses and lost wages) and non-economic damages (such as pain and suffering). Punitive damages may also be awarded in cases involving intentional wrongdoing or extreme negligence (Section 510.261, RSMo).
How Langdon & Emison can help
At Langdon & Emison, our experienced trial lawyers are dedicated to helping personal injury victims secure the compensation they deserve. If necessary, we are prepared to take your case to trial and will fight to ensure justice. Whether you’ve suffered a spinal cord injury, a traumatic brain injury, or any other serious injury, our team has the skills and experience to guide you through the legal process.
Contact Langdon & Emison for a free consultation
If you or a loved one has been injured due to someone else’s negligence, contact Langdon & Emison today for a free consultation. We will evaluate your case, explain your legal options, and help you determine whether taking your case to trial is the best course of action.
Visit our website or call us at (866) 931-2115 to learn how we can help you with your personal injury case.