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In reality, very few personal injury cases go to trial. However, there are reasons some accident cases benefit from going before a judge or jury.
Going to trial after an accident can result in higher compensation, but it involves more time, emotional stress, and uncertainty than settling out of court. Experienced Arizona injury trial lawyers like those at Gage Mathers can help you understand which path is best for your case.
In the rare instances that accident cases go to trial, two main factors are often drivers: complexity and cost. Common reasons for a trial in car accidents are cases involving the following:
When it comes to cost, the damages associated with death and severe, permanent injury can incline both parties to fight over amounts. These costs can also be more difficult to measure, as they must account for future lifetime earnings.
In terms of complexity, the more voices present, the more likely it is that one of them will push for a trial. This can be especially true in Arizona.
Because Arizona is a comparative negligence state, each party is liable for damages equal to the percentage of their responsibility for the accident. When multiple parties are involved, haggling over percentages of culpability can become tangled very quickly.
| Factor | Going to Trial | Settling Out of Court |
|---|---|---|
| Potential Compensation | Can be higher if jury awards full damages | Usually lower but more predictable |
| Timeline | Months to years | Weeks to months |
| Outcome Certainty | Uncertain; jury decides result | More predictable and agreed upon |
| Privacy | Public court record | Private resolution |
| Evidence Process | Full discovery, expert witnesses, depositions | Limited evidence exchange |
| Emotional Stress | Higher due to testimony and court process | Lower, less formal process |
| Legal Strategy | Requires full trial preparation | Focused on negotiation and settlement |
When an accident case goes to trial, it can lead to additional evidence being uncovered. Because the process is much longer, lawyers can conduct depositions, request records, question witnesses under oath, and use expert witnesses to establish conclusions.
Accidents that go to trial can also benefit from the fact that decisions about compensation are put in the hands of jurors. These people may be more sympathetic to the long-term impact of serious injuries and award victims more money.
Even before a case goes to trial, just threatening to do so can increase a victim’s leverage when it comes to settlement offers. The act of aggressively preparing to take a case to trial can change an insurance company’s behavior.
One of the things that pushes many personal injury cases to settle is time. Going to trial can be a very drawn-out process, and victims who are unable to work while facing mounting medical bills may not be able to wait until a trial is complete.
Connected to the factor of time is that of emotional stress. The longer a case drags on, the longer the victims must relive it, including testifying publicly about personal injuries and hardships.
Finally, trials are unpredictable. A jury might be sympathetic to a victim or might award less compensation than an initial settlement offer.
Whether or not your case should go to trial can only be determined by expert lawyers with a long history of both settling cases and fighting them in court. Gage Mathers can give you exactly that. We’ll help you understand the success rate for accident settlements versus going to trial and make sure you do what’s best for your case, your health, and your compensation!
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read moreIf you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at (602) 258-0646
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