Why Is My Personal Injury Case Going To Trial?

If your personal injury case is headed to trial, you’re probably wondering, “Why can’t this just get settled already?” Totally fair question. 

Most injury cases do settle out of court, but sometimes things just don’t shake out that way. 

Going to trial doesn’t always mean something’s wrong—it just means there are some issues that couldn’t be worked out through negotiation.

In this post, we’ll go over 8 reasons why your personal injury case is going to trial.

#1 The Insurance Company Won’t Settle

This is the biggest reason why your personal injury case is going to trial.

Insurance companies don’t exactly have a reputation for being generous. They’re in the business of paying out as little as possible. So if they don’t think your claim is solid, or they’re trying to save money, they might just refuse to settle.

Even when your case seems super clear to you, they might drag things out or offer you a number so low it feels like a joke. 

When that happens, your personal injury lawyer may decide it’s better to take it to trial than to let you walk away with way less than you deserve.

Also Read: What Happens After A Deposition In A Personal Injury Case?

#2 Disputes About Who’s At Fault

This happens all the time.

Sometimes both sides see the same accident very differently. You say it happened one way. The other side says the exact opposite. That’s when things start to get difficult.

If the insurance company thinks you’re at fault—or even partially at fault—they’ll probably fight hard to avoid paying. These kinds of disputes often can’t be worked out over a few phone calls or emails. 

A trial gives both sides a chance to lay out their evidence and let a jury figure it out.

#3 They’re Arguing About The Severity Of Your Injuries

Arguing about your injuries is another reason why your personal injury case going to trial

Even if the other side admits they caused the accident, they might not agree on how badly you were hurt. They may say your injuries aren’t that serious. Or they might claim your pain was caused by something else, like an old injury or a pre-existing condition.

This kind of back and forth can be frustrating. You know what you’re feeling. But insurance companies love to question everything. 

When they start pushing back too hard, a trial might be the only way to prove what you’ve been through.

#4 Your Case Involves Big Money

The bigger the potential payout, the harder they fight. That’s just how it goes.

If your injuries are serious or permanent, or you’ve got tons of medical bills and lost wages, the insurance company may feel like too much is on the line to just settle quietly. They’ll bring out their lawyers, dig through your records, and do everything they can to minimize the payout.

That’s not always a bad thing, though. Sometimes, going to trial is how you end up getting the kind of compensation that actually covers everything you’ve been through.

#5 Negotiations Just Broke Down

Sometimes, both sides genuinely try to settle. They go back and forth, crunch numbers, talk timelines… and then it just falls apart. Maybe you’re close but can’t quite agree. Maybe one side just stops responding. It happens. 

Also Read: How To Negotiate With Insurance Adjusters

When that line of communication dies out and no one’s willing to give a little, there’s not much else to do but move forward with trial. 

It’s not ideal, but it keeps the process moving instead of staying stuck in limbo.

#6 Multiple Parties Involved

Some cases get complicated fast and that’s why it’s going to trial

For example, imagine you’re in an accident with a truck. You might be dealing with the driver, the trucking company, and maybe even the manufacturer if something on the truck failed.

All those parties can start pointing fingers at each other. No one wants to take responsibility. And when there’s that much back-and-forth, getting everyone to agree on a settlement can feel impossible.

When it gets that messy, court is sometimes the only place to sort it all out.

#7 They Think They Can Win

This one’s a little annoying, honestly. But sometimes, the insurance company just thinks they have a stronger case. 

Maybe they think your witnesses won’t hold up. Maybe they think your evidence is weak. Or maybe they just believe a jury will side with them.

So instead of offering a fair settlement, they double down and prepare for trial. They roll the dice and hope the jury sees things their way.

That doesn’t mean they’re right – it just means they’re willing to take the risk.

Also Read: What Evidence Do I Need to Win a Personal Injury Settlement

#8 Your Lawyer Thinks You’ll Do Better At Trial

Believe it or not, your lawyer might be the one recommending a trial. 

That usually happens when they think the settlement offers on the table are way too low and you’ve got a good shot at doing better in court.

Sometimes juries are more generous than insurance companies. If your story is strong and your injuries are clearly documented, a trial might lead to a bigger payout. Your lawyer’s job is to get you the best outcome—not the fastest one.

So if they say it’s time to go to court, it’s probably because they’ve weighed the risks and think it’s worth it.

Bottom Line

Going to trial can feel intimidating, but it doesn’t mean your case is falling apart.

It usually just means there’s a disagreement that can’t be resolved behind closed doors. Could be about fault. Could be about money. Could just be a stubborn insurance adjuster.

The good news is that trials are there to make things fair. They’re not always fun or fast, but they give you a real shot at getting justice. And your lawyer will be right there with you every step of the way, making sure your side is heard.

If you’re still not sure why your personal injury case is going to court, ask your attorney to walk you through it. You deserve to understand what’s going on and feel confident in the process.