Trial Counsel for Law Firms

Trial is Not a Good Idea for Most Personal Injury Cases

I’ve reviewed a ton of personal injury cases over the past while for trial potential.

Unfortunately, the reality is that most personal injury cases are not well-suited for trial.  A bad set of facts cannot be overcome.

Some lawyer considerations for MVA trials can be found by clicking here.

The most promising cases for trial may include the following:

  • Major injuries, where the range of potential damages may be wide enough to make trial worthwhile;
  • Cases with a strong lost income component to circumvent threshold and deductible;
  • Cases that turn on liability as opposed to damages.  Liability can play out in interesting and unpredictable ways at trial;
  • Cases with a low-ball offer from insurance.  Offers of $X usually imply a value of $X + $Y.; and
  • Cases with a unique set of circumstances that don’t fall neatly into one of the above categories.

For all of the above scenarios, the strategic use of rule 49 offers is critical and may have insurance footing the bill for trial.

Got a case that you can’t settle because the facts are bad?  It’s probably not a good candidate for trial.

Got a case with a meaningful offer?  It might be a good candidate to press forward with.

Mick Hassell, Trial Counsel for Law Firms

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