Most personal injury claims are settled out of court—but not all. If you’ve recently filed a claim and are now hearing the word “trial,” you might be feeling overwhelmed or confused. You’re not alone. Many people ask, “Why is my personal injury case going to trial?” and the answer is often more straightforward than you think.
Whether your case involves a car accident, medical malpractice, a truck crash, or even a dram shop liability claim, understanding the trial process—and why your case didn’t settle—can help you prepare for what’s next. More importantly, knowing what kind of cases personal injury lawyers handle will help you feel confident that you’re in the right hands.
At Moran Law Group, we’re here to guide you through every step of the process. In this article, we’ll explain the most common reasons a case goes to trial and give you insight into what personal injury attorneys do to help you win your case.
What Kind of Cases Do Personal Injury Lawyers Handle?
Before diving into trial reasons, let’s first clarify the wide range of cases that fall under personal injury law. Many people are surprised to learn just how many types of injuries and accidents can lead to a valid personal injury claim.
Motor Vehicle Accidents
This is the most common type of personal injury case. If you’ve been injured in a crash due to another driver’s negligence, you may have grounds to sue. That includes:
- Car accidents
- Motorcycle crashes
- Pedestrian injuries
- Commercial truck accidents
If you’re dealing with a crash involving an 18-wheeler or commercial vehicle, you’ll want to work with an experienced Scranton truck accident attorney who knows how to take on large trucking companies.
Medical Malpractice
When a healthcare provider’s negligence leads to injury—whether through a misdiagnosis, surgical error, or medication mistake—you may be entitled to compensation. Medical malpractice cases are complex and often end up in court because hospitals and insurance companies fiercely defend them. For these, working with experienced medical malpractice lawyers in Scranton PA is crucial.
Dram Shop / Liquor Liability Cases
If you were injured by a drunk driver or assaulted by an intoxicated individual, and the alcohol was served irresponsibly by a bar or restaurant, you may have a valid dram shop claim. Holding a business accountable under Pennsylvania’s liquor liability laws isn’t easy, but it can be done with the help of a skilled liquor liability attorney.
Premises Liability
This category includes slip and fall accidents, negligent security, or injuries from unsafe conditions in public or private spaces. Owners have a duty to maintain safe environments, and when they fail, injury victims may sue.
Why Your Personal Injury Case Might Go to Trial
While settling out of court is faster and less stressful for everyone involved, there are many reasons your case could move toward trial.
1. The Insurance Company Refuses to Offer a Fair Settlement
This is the #1 reason most personal injury claims end up in court. Insurance companies are businesses—and their goal is to pay as little as possible. If they think they can minimize your injury, deny your claim, or drag out the process until you give up, they will.
If your attorney believes the settlement offer doesn’t reflect the true value of your case, they may recommend taking the case to trial to get the justice and compensation you deserve.
2. The Defendant Denies Liability
Let’s say you were hit by a car and suffered serious injuries. You believe the driver ran a red light—but the driver insists you were at fault. This disagreement over responsibility, known as a dispute of liability, often leads to trial.
The same applies in slip and fall claims where a property owner claims they “didn’t know” about the hazard or says it wasn’t dangerous. When fault isn’t clear, a jury may need to decide.
3. There’s a Lot of Money at Stake
The higher the potential payout, the more likely the defendant (or their insurance company) will fight it in court. If your injuries involve long-term medical care, permanent disability, or lost earning capacity, you could be seeking a six- or seven-figure settlement. Insurers may take their chances at trial to avoid paying a large sum.
4. The Defendant Thinks You Won’t Follow Through
Sometimes, defendants and insurers gamble that you’ll back down if the case gets too hard. Going to trial takes time, energy, and resources—but a dedicated personal injury law firm will never back down from what’s right. That’s why choosing an experienced car accident lawyer in Scranton is critical.
5. Legal Strategy or Precedent
In some cases, your attorney may feel that trial is the best strategic move—especially if the result could impact future claims or establish a precedent. Trials can also generate public awareness or encourage defendants to change dangerous practices.
What Happens When a Case Goes to Trial?
If your case is heading to trial, here’s what to expect:
Pre-Trial Phase
- Discovery: Both sides gather evidence, exchange documents, and take depositions.
- Motions: Attorneys may ask the court to rule on certain legal issues before trial.
- Settlement Talks: Many cases still settle during this phase once both sides see the strength of the evidence.
Trial Phase
- Jury Selection: If it’s a jury trial, both sides help choose impartial jurors.
- Opening Statements: Attorneys outline what they intend to prove.
- Presentation of Evidence: Witnesses, expert testimony, and documents are presented.
- Closing Arguments: Attorneys summarize their case and appeal to the jury.
- Verdict: The jury (or judge) decides who wins and how much to award in damages.
Pros and Cons of Going to Trial
Pros:
- May result in higher compensation
- Provides a public record of wrongdoing
- Holds defendants fully accountable
Cons:
- Takes longer to resolve
- More emotionally and mentally taxing
- Outcome is less predictable than a settlement
Your attorney will help you weigh these pros and cons based on your unique situation.
How Moran Law Group Can Help
At Moran Law Group, we prepare every personal injury case as if it’s going to trial. That way, we’re always ready to act in your best interest—whether that means negotiating a strong settlement or advocating for you in front of a judge and jury.
We have extensive experience handling a wide range of cases, including:
When insurers play hardball, we don’t back down. Our trial attorneys are known for aggressive representation, strategic litigation, and real results.
Final Thoughts
So, why is my personal injury case going to trial? It usually boils down to fairness. If the other side isn’t treating you fairly—whether that means denying fault or offering too little—you deserve your day in court. And if you’re wondering what kind of cases do personal injury lawyers handle, the answer is: any situation where someone else’s negligence caused you harm.
If your case is heading to trial, don’t panic. With the right legal team by your side, you’ll have the tools and guidance you need to face the courtroom with confidence.
Contact Moran Law Group Today
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Let The Moran Law Group stand up for you. When your future is on the line, we’re the firm that doesn’t back down.