When It's Time to Go to Trial

Ideally, all disputes could be settled among the parties without entering the Georgia courts for a long, protracted legal battle. And even though that should be the goal of all lawyers, the adversarial nature of our legal system doesn't always permit even reasonable parties to agree on a settlement. When it comes to personal injury in the State of Georgia, the common wisdom dictates that the plaintiffs' attorneys should try to settle before going to court.

Recently, a longtime defense attorney for the largest insurance company in the country talked about when it is right as a plaintiff to go to trial. In his comments he stated that insurance companies win approximately eighty percent of the time when cases go to trial. To an Atlanta car and truck accident attorney, for instance, this figure can be a bit daunting at first glance. However, upon closer examination it becomes apparent that there is more to this impressive figure than meets the eye.

Solid personal injury cases are usually settled before going to trial. That's because the insurers and their attorneys are not interested in the risk of losing and being forced to pay an open-ended award determined by an unpredictable jury. Strong plaintiff's personal injury cases rarely see a courtroom because the insurers are more motivated to settle. Conversely, when they know that the plaintiff's argument is weak, they either settle cheaply or let the case go to trial. With this in mind, it's very little wonder why eight out of ten cases are decided for the defense at trial: jruies are only seeing the weakest of the cases.

So, when is it right to take your case to trial? The attorney went on to opine that the plaintiff should only go to trial if he or she has no other choice—either because the insurance company hasn't made an offer or the offer is negligible. However, there are times when an insurer is being stubborn and is being difficult in negotiations even though the plaintiff's case is strong. Generally speaking, a trial is a huge risk for all parties concerned. For the defense, their exposure to sky-high damage awards is an enormous motivation to avoid trial. For the plaintiff, too many factors are left to the capricious nature of a civil jury, and Georgia juries tend to be conservative by nature. For these reasons, Atlanta and Georgia personal injury attorneys generally view a trial as a measure of last resort.