LEGALLY REVIEWED BY
Michael Hersh and Ian Kirtman, Trial Attorneys
February 20, 2025
Attorneys Michael Hersh and Ian Kirtman are experienced personal injury attorneys who have won their clients more than $100 million in verdicts and settlements throughout their 30 years of experience.
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Many personal injury claims resolve through settlements before trial. This results in case resolution earlier and allows the parties to avoid the cost of trial. Sometimes, however, cases do not resolve amicably and it is necessary for the claim to be determined by a jury at trial. Several factors influence whether a case will resolve or proceed to trial, including disagreements over liability, disputes regarding the value of damages, or a lack of willingness from one party to negotiate. Your trusted personal injury attorney can help you understand the reasons behind each step in the process, helping you gain valuable insights into how trials work and what to expect if your case moves in this direction.
At Hersh Kirtman Injury Law, we draw on decades of experience in handling complex personal injury litigation, ensuring clients receive responsive and skilled representation through every stage of the legal process. We know that trial readiness is critical to achieving justice for those navigating these challenging circumstances.
Key Reasons Personal Injury Claims Go to Trial
While many personal injury claims settle either before a lawsuit is filed or during a lawsuit but before trial, some cases proceed to trial due to specific circumstances that make settlement difficult or impossible. Understanding why a claim might go to trial can help you prepare for the process and ensure you make informed decisions about your case.
When cases proceed to trial, the following is often the case:
Disagreements over Liability
In some cases, the parties have drastically different perspectives on liability. In such instances, trial is often necessary so that a jury can decide who was at fault for the incident at issue. Rarely do parties agree on who is responsible for an incident, but in many cases, the defendant alleged to be at fault, while denying liability, recognizes the risk of being found responsible. In those instances, the defendant may choose to resolve the claim, despite disagreeing on culpability. When this is not the case, however, trial occurs.
Disputes over Injury and Damages
In some cases, the parties have significantly different views of the extent of the harm caused by the incident at issue. In these instances, trial often is needed, so that a jury can determine the value of the harm caused to the plaintiff. Not unlike the issue of liability, in almost all cases, the parties disagree to some extent about the value of the harm; however, if the parties can recognize risk or otherwise have overlapping viewpoints on the harm, settlement is possible.
Unreasonable Settlement Offers
If the insurance company offers a settlement that is significantly below what you and your lawyer believe is fair compensation, which is very common, your lawyer may recommend going to trial.
Desire for Public Accountability
In cases involving egregious negligence, the plaintiff may want to go to trial to hold the defendant publicly accountable for their reckless actions that led to the harm they have suffered.
To learn more about your legal options for your Florida personal injury claim, contact a trusted lawyer today.
Why Choose Hersh Kirtman Injury Law for Your Personal Injury Claim?
At Hersh Kirtman Injury Law, we understand how daunting it can be to navigate the legal process, especially when a personal injury claim goes to trial. With decades of experience handling complex litigation, we are prepared to represent you at every stage of your case. Our focus is on achieving justice while ensuring you feel supported and informed throughout the process.
We take the time to understand your story, helping us pursue your claim with the care and persistence it deserves. Whether addressing disputes over liability, damages, or other challenges, we are ready to fight for the best possible outcome. Call us today at (561) 208-3700 or reach out through our contact form to discuss your case.
