After suffering an injury in an accident, it’s natural to wonder what the legal process will look like. One of the most common questions personal injury victims ask is: Will my personal injury case go to trial? The answer depends on a number of factors, including the nature of the case, the parties involved, and how settlement negotiations unfold.
If you’re dealing with injuries caused by someone else’s negligence in Kentucky, whether from a car accident, slip and fall, medical malpractice, or another type of incident, understanding the legal path ahead can help reduce stress and improve your chances of receiving fair compensation.
Most Personal Injury Cases Don’t Go to Trial
Here’s a fact that surprises many people: Only about 5% of personal injury cases go all the way to trial. The vast majority—95% or more—are resolved through pre-trial settlements, according to national legal data from the U.S. Department of Justice. These resolutions are often achieved through negotiations between the injured party’s attorney and the insurance company or defense counsel.
Settlements are favored in many cases because they are faster, less expensive, and less emotionally taxing than trials. They also allow both sides to have more control over the outcome, whereas a trial puts the decision entirely in the hands of a judge or jury.
Still, some personal injury cases do go to trial. Below are several reasons why that might happen in Kentucky.
Factors That Influence Whether Your Case Goes to Trial
Many factors are unique to each case. Looking at the following factors might give you better insight into whether or not your case will go to trial:
1. Disputed Liability
If the defendant (the party being sued) denies fault or claims comparative negligence on the part of the injured person, a trial may become necessary. Kentucky follows a pure comparative fault rule. This means your damages may be reduced in proportion to your percentage of fault, but you can still recover compensation even if you were mostly at fault.
If fault is hotly contested and no agreement can be reached on how much responsibility each party holds, a trial may be the only way to resolve the dispute.
2. Insufficient Settlement Offers
Even if the insurance company accepts liability, they may offer far less than what your claim is worth. In serious injury cases involving long-term disability, lost future income, or non-economic damages like pain and suffering, insurers often try to minimize payouts. If your personal injury attorney believes the offer doesn’t reflect the true value of your case, taking the matter to trial might be the best way to pursue fair compensation.
3. Bad Faith by Insurance Companies
Sometimes, insurers act in bad faith, unreasonably denying or delaying valid claims. In Kentucky, this can open the door to additional legal action. Under Kentucky Revised Statutes § 304.12-230, insurers are prohibited from unfair claims settlement practices. If they violate this statute, your attorney may recommend going to court to not only recover damages for your injury but also to pursue punitive damages or file a separate bad faith claim.
4. Complex Legal or Medical Issues
Cases involving catastrophic injuries, medical malpractice, or multiple liable parties may be too complicated to resolve through negotiation alone. In these instances, expert testimony, detailed medical records, and legal analysis may need to be presented before a judge or jury to determine liability and damages.
What Happens if My Case Goes to Trial?
If your case proceeds to trial, you can expect the following stages:
- Pre-trial discovery: Both sides exchange information, including witness lists, expert opinions, and medical documentation.
- Motions and hearings: The court may be asked to rule on various legal issues before trial begins.
- Jury selection (if applicable): In Kentucky, personal injury plaintiffs are often entitled to a jury trial.
- Trial: Both parties present evidence, question witnesses, and make arguments.
- Verdict: The jury (or judge in a bench trial) determines liability and awards damages if applicable.
Trials can last from a day to several weeks, depending on the complexity of the case. While trials can be demanding, they also provide an opportunity for injury victims to present their full story and pursue the maximum compensation they deserve.
How Kentucky Law Impacts Your Case Timeline
Kentucky has one of the shortest statutes of limitations in the country for personal injury claims. According to KRS § 413.140(1)(a), you have only one year from the date of the injury to file a lawsuit or two years for car accidents. This makes it crucial to consult with a personal injury attorney as soon as possible to preserve your legal rights and begin gathering evidence.
Missing the deadline can bar you from recovering any compensation, regardless of how strong your case may be.
Should You Settle or Go to Trial?
This decision ultimately depends on the unique circumstances of your case.
A skilled Kentucky personal injury lawyer will evaluate several factors:
- The strength of your evidence
- Medical documentation and prognosis
- Insurance coverage limits
- Willingness of the insurer to negotiate
- Public sentiment and jury unpredictability
Going to trial carries risk, but in some cases, it’s the only path to justice. On the other hand, a strong settlement can often provide fair compensation while avoiding courtroom uncertainty. With the right legal representation, even a complex case can be successfully navigated through the courtroom process.
Contact Our Lexington Personal Injury Lawyers for a Free Consultation
While most personal injury cases in Kentucky don’t go to trial, it’s essential to be prepared for the possibility. Trials are a vital tool for securing fair compensation when defendants or insurers refuse to settle fairly. With Ross Mann Personal Injury Lawyers by your side, you’ll have expert guidance through both settlement negotiations and courtroom litigation.
If you or a loved one has been injured due to someone else’s negligence, don’t delay in seeking legal help. Time is critical, and the sooner you act, the stronger your case will be. Contact Ross Mann Personal Injury Lawyers today for a free consultation, and take the first step toward securing the compensation you deserve. Call us today at (859) 413-3900.
