Most personal injury claims settle before reaching a courtroom, but certain situations demand the full weight of a trial. Understanding when litigation becomes necessary can help you make informed decisions about your case and ensure you receive fair compensation for your injuries.
At Callahan & Blaine, we approach each case with strategic analysis to determine the most effective path forward for our clients. Our 40 years of litigation experience has given us unique insight into when a personal injury claim should proceed to trial rather than settle.
Insurance Company Refusal to Offer Fair Compensation
The most common reason personal injury claims go to trial is when insurance companies refuse to offer reasonable compensation. Insurance adjusters often present initial settlement offers well below the actual value of your claim. While negotiation can bridge some gaps, insurers sometimes dig in with unreasonably low offers despite compelling evidence.
When faced with an insurance company that won’t budge on a fair settlement, litigation becomes necessary to pursue the compensation you deserve. Insurance companies calculate their offers based partly on your attorney’s willingness to go to trial—which is why our reputation as formidable trial lawyers often leads to better settlement offers for our clients.
Disputed Liability
Trials become necessary when the opposing party refuses to accept responsibility. In cases with conflicting accounts of what happened, disputed police reports, or unclear evidence, liability may remain contested throughout negotiations.
For example, in auto accident cases where both drivers claim the other was at fault, or premises liability cases where property owners deny responsibility for dangerous conditions, litigation may be required to resolve these fundamental disputes. Our experienced trial attorneys excel at presenting compelling evidence to establish liability when the other side refuses to acknowledge fault.
Catastrophic Injuries with High-Value Claims
Cases involving severe, life-altering injuries often need to proceed to trial because the stakes are simply too high. Catastrophic injuries such as traumatic brain injuries, spinal cord damage, severe burns, or amputations result in substantial damages, including:
- Extensive medical bills for past and future care
- Lost earning capacity and income
- Lifelong disability accommodations
- Pain and suffering
- Loss of enjoyment of life
When damages reach into the millions, insurance companies fight aggressively to minimize payouts. These high-value claims frequently require judicial intervention to secure fair compensation.
Cases Involving Complex Legal Issues
Personal injury claims with complex legal questions may require a judge’s ruling. These include cases involving:
- Multiple liable parties with disputed contribution percentages
- Governmental immunity defenses
- Novel legal theories or emerging areas of law
- Disagreements over applicable legal standards
Our attorneys have extensive experience navigating complex legal issues and presenting compelling arguments on unsettled points of law.
Bad Faith Insurance Practices
When insurance companies engage in bad faith practices—such as unreasonable delays, improper claim denials, or failure to investigate—litigation becomes necessary to hold them accountable. California law recognizes that insurers have a duty to act in good faith toward claimants, and violations of this duty can lead to additional damages beyond the initial injury claim.
With our record-breaking $58 million insurance bad faith judgment in Orange County history, we understand how to effectively address and litigate bad faith claims when insurance companies fail to honor their obligations.
Strategic Considerations
The decision to take a personal injury case to trial involves strategic analysis of numerous factors. At Callahan & Blaine, we carefully evaluate:
- The strength of available evidence
- Expert witness testimony and credibility
- The jurisdiction and potential jury pool
- The defendant’s litigation history and resources
- The client’s ability to withstand the emotional demands of trial
While settlement remains appropriate in many cases, we prepare every case as if it will go to trial, ensuring we negotiate from a position of strength.
When to Choose Callahan & Blaine
With our 40-year history of record-breaking verdicts and settlements, including the largest personal injury settlement in United States history at $50 million, Callahan & Blaine has established itself as California’s premier litigation firm. Our team of 30 experienced trial attorneys knows how to identify when a case needs to go to trial and how to maximize your recovery through effective courtroom advocacy.
If you’re facing resistance in your personal injury claim or believe your case may require litigation, contact our team today at (714) 241-4444 or through our contact form to discuss your legal options.
