Nobody wants to go to trial. Settlement is faster, less stressful, and you don’t have to deal with the uncertainty of what a jury might decide. But sometimes it’s the only way to get what you’re actually owed. Most injury claims settle without ever seeing a courtroom. That’s usually because both sides can look at the facts and reach an agreement that makes sense. But not every case works out that way.
When You Can’t Agree On What The Case Is Worth
The biggest reason cases end up in front of a jury? The insurance company and you are miles apart on value. You’re living with injuries that changed everything. Maybe you need ongoing medical care that’ll cost tens of thousands over the coming years. The adjuster offers just enough to cover what you’ve spent so far and calls it a day. Or your back injury means you can’t do the physical work you’ve done for twenty years, but they’re insisting you can just find a desk job somewhere and refusing to pay for your lost earning capacity.
We’ve seen offers so low they’re almost offensive. When there’s a huge gap between what they’ll pay and what you actually need to move forward with your life, settling isn’t going to happen. That’s when a Raleigh personal injury lawyer takes your case in front of a judge and jury who’ll hear the complete picture.
They’re Claiming You Caused The Accident
Sometimes the insurance company just denies that their driver did anything wrong. They’ll say you were at fault, or maybe that some third party caused everything, or they’ll argue the whole thing didn’t happen the way you described.
This comes up constantly in North Carolina because we have contributory negligence rules. Insurance companies know that if they can pin even one percent of the blame on you, you walk away with nothing under state law. Zero. That creates a huge incentive for them to point fingers in your direction, no matter what the evidence shows.
In cases where neither party is willing to negotiate, or important details are in dispute, a trial is absolutely the best option. During the trial, a jury can hear out both sides, consider the evidence presented, and make informed decisions about fault and compensation.
The Adjuster Is Playing Games
Some insurance adjusters don’t negotiate in good faith. They’ll sit on your settlement demand for weeks without responding. Ask for the same medical records three times. Make an offer that’s clearly ridiculous just to see if you’re desperate enough to take it. These tactics exist for one reason: to wear you down until you accept less than your case is worth.
Filing a lawsuit changes the dynamic completely. Now they can’t ignore deadlines or dodge accountability. Discovery opens up, too. Which means we can subpoena internal documents, take depositions from their experts, and dig into evidence they’d rather keep buried. Sometimes that information alone makes them suddenly interested in serious negotiations.
You’re Dealing With Catastrophic Injuries
High-value cases go to trial more often than smaller ones. When you’re seeking significant compensation for life-altering injuries, permanent disability, or the death of someone you love, insurance companies dig in and fight harder.
These situations might include:
- Traumatic brain injuries require lifetime care
- Spinal cord damage causing paralysis
- Severe burns with extensive scarring
- Injuries that prevent you from working again
The more money at stake, the less likely they’ll offer anything close to fair value without being forced into it. At Burton Law Firm, we’re ready to take these cases all the way through trial if that’s what it takes.
What Trial Actually Looks Like
Going to trial isn’t quick. You’re looking at months from the time we file the lawsuit, sometimes over a year before you get a verdict. Both sides spend that time exchanging evidence, deposing witnesses, and building their arguments.
Plenty of cases still settle after a lawsuit gets filed. Once the insurance company sees how strong your evidence really is through the discovery process, they often get more serious about negotiating. But if settlement remains out of reach, we’re prepared to present everything to a jury.
A Raleigh personal injury lawyer handles all the courtroom work so you’re not facing that alone. We examine witnesses, make legal arguments, and walk the jury through why you deserve compensation.
If the insurance company won’t make a fair offer or they’re disputing who caused your injuries, contact us to talk through whether a trial might be your best option. We’ll give you straight answers about what litigation involves and fight to get you the recovery you need.