Ask the Lawyer | What causes a personal injury case to go to a jury trial?

Question:

What causes a personal injury case to go to a jury trial?

Answer:

Well over 95% of civil cases that get filed settle without actually going to trial.

The cases that do go to trial, it’s because of one of two things. Either one side misevaluates the case. For example, let’s say an insurance company that’s evaluating a truck-wreck death case, and they think that for whatever reason they think that death isn’t worth as much as some other case, and maybe they want to take the case to trial, and maybe they’re proven wrong about that.

The other reason that a case would go to trial is if it’s not properly prepared. We prepare all of our cases as if they’re going to go to trial, and that makes them settle because the other side knows we’re able to try the case, and we’re ready to do it.