If your personal injury case is going to trial, it does not necessarily mean something has gone wrong. In many cases, trial becomes necessary because you and the insurance company cannot agree on who is responsible, how serious your injuries are, or what your claim is worth. But moving from settlement negotiations into litigation changes the stakes; evidence, witnesses, medical records, expert testimony, legal arguments, and your own testimony may all become more important.
If your case is approaching trial, speak with a personal injury attorney at Guzman Law Firm about what to expect and how to prepare. Call us today at (956) 516-7198 to discuss your case and legal options.
Why do personal injury cases go to trial?
Most personal injury claims are resolved without a jury verdict. But a settlement requires both sides to agree on the amount and terms of the resolution. When they cannot, the case may proceed toward trial. Some common reasons include:
- The insurer disputes liability. The insurance company may argue that its policyholder was not responsible for the accident or that you share some responsibility.
- The parties disagree about your injuries. An insurer may question whether an injury was caused by the accident, whether treatment was necessary, or whether your condition is as serious or permanent as claimed.
- The parties disagree about damages. Medical bills and lost wages may be relatively straightforward, while pain, impairment, future medical care, and other losses can be disputed.
- The insurance settlement is too low. An insurer may make settlement offers that do not adequately account for the evidence supporting your claim.
- Important factual disputes remain. Witness testimony, accident reconstruction, medical evidence, or other evidence may need to be presented to a judge or jury.
Going to trial can also change the negotiating dynamic. Even after litigation begins, settlement may remain possible. Texas trial procedures specifically contemplate consideration of settlement during pretrial proceedings.
Is it better to take a settlement or go to trial?
There is no universal answer. A settlement provides a negotiated result without asking a judge or jury to decide the case. Trial gives the parties an opportunity to present evidence and arguments and have disputed issues resolved through the court process, but it also introduces additional uncertainty.
| Settlement may be preferable to consider when… | Trial may be preferable to consider when… | |
| Liability | Responsibility is relatively clear and the offer reflects the evidence. | The insurer disputes fault despite strong evidence supporting liability. |
| Injuries | Current and future damages can be reasonably estimated. | The insurer substantially disputes the nature, severity, or permanence of injuries. |
| Settlement offer | The proposed amount adequately addresses the claim and risks. | The offer substantially undervalues documented damages. |
| Evidence | Key evidence is favorable but there are significant uncertainties. | Witnesses, records, experts, or other evidence can strongly support the claim. |
| Timing | Receiving compensation sooner is an important consideration. | The potential dispute warrants continuing through litigation. |
| Risk | You prefer the certainty of an agreed resolution. | You understand that trial involves uncertainty and still want the disputed issues presented to the court. |
The decision to go to trial against the insurance company should be based on the specific evidence, potential recovery, litigation risks, costs, timing, and terms of your representation agreement, not just whether trial sounds more aggressive.
What changes when a case goes to trial?
A personal injury trial generally follows a structured process:
- First, the parties and attorneys address preliminary matters, which can include motions and evidentiary issues. If there is a jury, potential jurors are questioned during jury selection.
- The attorneys then make opening statements explaining their respective positions.
- The plaintiff typically presents evidence first. This may include your testimony, testimony from witnesses, medical evidence, employment records, photographs, accident evidence, and testimony from medical or other experts.
- The defense then has an opportunity to present its case. Your attorney can cross-examine defense witnesses and challenge evidence that does not support the defense’s position.
- After the evidence is presented, the attorneys make closing arguments. The judge then instructs the jury on the applicable law, and the jury deliberates before returning its verdict. Your case could also resolve before the jury reaches a verdict. Settlement negotiations can continue during litigation, depending on the circumstances.
Beyond the established trial structure, the nature of your case, the stakes, costs, and demands of your case can significantly shift when it goes from the settlement phase to the trial phase:
Your attorney’s contingency fee may change
One issue to discuss before trial is your contingency-fee agreement.
In Texas, contingency-fee agreements must be in writing and must explain how the fee is calculated. If the agreement uses different percentages depending on whether the case settles, goes to trial, or proceeds through an appeal, those percentages must be stated in the agreement. The agreement must also address litigation expenses and whether those expenses are deducted before or after calculating the contingent fee.
That means you should not assume the percentage remains identical throughout the case. Review your agreement with your attorney and ask specifically what happens if the case proceeds to trial or appeal.
The process becomes more formal
Settlement negotiations are primarily about reaching an agreement. Trial preparation is about proving your case under courtroom rules. That can involve:
- Depositions
- Discovery
- Medical records and bills
- Employment and wage documentation
- Expert witnesses
- Accident reconstruction
- Witness preparation
- Exhibits and demonstrative evidence
- Motions and objections
- Jury selection
- Opening and closing arguments
- Direct and cross-examination
Texas courts maintain statewide Rules of Civil Procedure and Rules of Evidence governing these proceedings, with the current rules regularly amended.
Evidence that was useful during negotiations may need to satisfy specific requirements before it can be presented to a jury. For example, Texas Rules of Civil Procedure 193.6 can result in exclusion of evidence that was not properly disclosed unless certain exceptions apply.
The stakes and burden of proof change
At trial, you are no longer simply trying to convince an insurance adjuster that your claim deserves a higher settlement. You are presenting evidence to establish the elements of your legal claim.
In an ordinary negligence case, this generally means proving the required elements by a preponderance of the evidence; the civil standard meaning the evidence establishes that something is more likely than not. The precise issues and burdens can vary depending on the causes of action and defenses involved.
A jury may also consider evidence presented by the defense. The other side may challenge your version of events, your medical treatment, your claimed losses, and the connection between the accident and your injuries.
What questions should I ask my attorney before trial?
If your attorney tells you that your case is heading toward trial, ask questions such as:
What specific issues are preventing settlement? Your attorney can explain whether the dispute involves liability, the severity of your injuries, the amount of damages, or another issue.
What evidence most strongly supports my case? This may include medical records, photographs, witness statements, accident reports, expert opinions, and other documentation supporting your claim.
What evidence does the defense have that concerns you? Ask your attorney about any evidence the opposing side may use to dispute fault, your injuries, or the damages you are claiming.
What witnesses will testify? Your attorney should identify the witnesses who may testify, including you, eyewitnesses, medical providers, experts, or other relevant parties.
Will I have to testify? Your attorney can tell you whether your testimony will likely be necessary and explain what to expect if you take the witness stand.
What questions am I likely to face during cross-examination? Your attorney should prepare you for questions the defense may ask about the accident, your medical history, your treatment, and your claimed losses.
Are medical experts or accident reconstruction experts involved? Ask whether expert testimony will be used to establish the cause of the accident, the extent of your injuries, or your future medical needs.
What damages are we asking the jury to consider? Your attorney should explain which economic and noneconomic damages are supported by the evidence and being sought in your case.
How does my contingency fee change if we go to trial? Review your fee agreement with your attorney to understand whether the percentage or other fee terms change when the case proceeds to trial.
What litigation costs could be deducted from my recovery? Ask which expenses (such as filing fees, expert fees, deposition costs, or other litigation expenses) could be deducted from a potential recovery.
What are the major risks of proceeding to trial? Your attorney should explain the uncertainties specific to your case, including disputed evidence, potential defenses, costs, and the possibility of an unfavorable verdict.
Could a personal injury case settle before or during trial? Yes, settlement negotiations can continue after a lawsuit is filed and, depending on the circumstances, even as trial approaches or begins.
What should I do — and avoid doing — before trial? Follow your attorney’s instructions, preserve relevant evidence, continue appropriate medical care, and avoid discussing your case publicly or on social media without guidance.
What happens if the other side appeals? Your attorney can explain whether an appeal is possible, what issues can be appealed, and how an appeal could affect the timing and outcome of your case.
Under the trial experience and guidance of lead attorney Javier Guzman, the legal team at Guzman Law Firm can explain how you can specifically prepare for trial.
When insurers lowball victims, Guzman Law Firm keeps fighting
An insurance company’s settlement offer is not automatically a fair valuation of your injury claim.
If the insurer refuses to recognize the full extent of your injuries, disputes liability, or continues making offers that do not reflect the evidence, litigation may become necessary. Going to trial does not guarantee a particular result, but it gives your attorney the opportunity to present your case through the formal legal process rather than accepting an inadequate offer simply because the insurer will not negotiate fairly.
If your personal injury case is heading toward trial, preparation matters. The decisions made before you enter the courtroom, including how evidence is developed, witnesses are prepared, damages are documented, and settlement offers are evaluated, can affect how your case proceeds.
If you’re asking yourself “why is my personal injury case going to trial?”, call Guzman Law Firm at (956) 516-7198 to speak with an attorney.
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