The Instances Where You May Have to Drag the Defendant to a Trial

Imagine the stress of a personal injury case. You’ve been hurt, and getting the compensation you deserve feels crucial. That’s where litigation, the formal court process, comes in. But a personal injury trial shouldn’t be the first step. Recent studies show that over 96% of personal injury cases never reach a courtroom.  

Alternative Dispute Resolution (ADR), like negotiation or mediation, is often a much faster and more cost-effective way to reach a fair settlement. However, there are times when ADR fails, and taking the defendant to trial becomes necessary. Let’s explore those situations next.

When Settlement Talks Fail

Negotiation and mediation are like two tools in your toolbox when resolving a dispute outside of court. In negotiation, you and the defendant have a back-and-forth conversation, aiming to reach a financial agreement that works for both of you. If that negotiation gets stuck, mediation brings in a neutral third party to act as a facilitator. Their job is to guide the conversation and explore potential solutions that might have been missed.

Unfortunately, even with these tools, settlement talks can still break down. Maybe the defendant is lowballing you with an offer that’s nowhere near what you deserve. Or perhaps they’re digging their heels in and refusing to budge on any point, no matter how reasonable your requests are. These unrealistic demands or stubbornness to compromise can sink settlement talks entirely.

So, what happens then? Deciding whether to go to trial is a big decision. On one hand, a trial could be the only way to see justice served, especially if you believe strongly in the fairness of your position. Additionally, winning a trial can bring a sense of emotional closure, even if the financial outcome isn’t everything you hoped for.

However, the road to trial is paved with challenges. It can be expensive, take a long time, and be emotionally draining. There’s also no guarantee you’ll win. Weighing these pros and cons carefully is essential before deciding to take the defendant to court.

Defendant’s Actions Warranting Trial

Sometimes, the defendant’s behavior makes a trial unavoidable. Here are a few examples:

Evasive Tactics

Imagine you file a lawsuit, and the defendant goes radio silent. They don’t respond to the lawsuit or requests for information (discovery) during the pre-trial phase. This can strengthen your case. The court may view their silence as an admission of guilt and potentially issue a default judgment in your favor.

Frivolous Counterclaims

Let’s say the defendant responds to your lawsuit, but with a surprise twist – they file a counterclaim against you that seems wholly unrelated or fabricated. These are called frivolous counterclaims. 

Their purpose might be to delay the case, harass you, or clutter the legal landscape. A judge can see through these tactics and dismiss such claims. Even worse for the defendant, the judge might award sanctions, which are financial penalties meant to discourage such behavior.

Hiding Evidence

This is a severe offense. If you have evidence that the defendant deliberately hides relevant information, immediately bring it to your lawyer’s attention. The court takes a dim view of evidence tampering, and the consequences for the defendant can be severe, potentially including a loss in court or even criminal charges.

The Stakes Are High

There are situations where the potential rewards of a trial outweigh the challenges. Here’s why:

Complex Legal Issues

Sometimes, legal matters can be intricate and involve established legal principles (precedents) that need careful interpretation by a judge or jury. Imagine a medical malpractice case with complex questions about a new medical procedure.  

Expert witnesses, like doctors who specialize in that particular field, might be needed to explain the case’s intricacies. A trial allows for a thorough examination of these complexities, ensuring a well-informed decision.

Substantial Damages

Let’s say the injuries you sustained are severe and long-lasting, resulting in significant medical bills and lost wages. In such cases, the potential financial recovery from a trial might justify the time and expense involved. 

Additionally, in some cases, punitive damages might be awarded in addition to compensatory damages. These are meant to punish the defendant for egregious behavior and deter similar actions in the future. While rare, the potential for such a significant award can make going to trial a more attractive option.

Strategic Considerations for Trial

A lawyer’s expertise is invaluable before a trial. They can meticulously analyze your case, pinpointing its strengths and weaknesses, allowing you to make informed decisions.  

For instance, your lawyer will consider factors like potential juror bias in your location or the availability of crucial witnesses who might be unavailable on a trial date. By carefully weighing these factors, your lawyer can help you determine if a trial is the right course of action.

Conclusion: Weighing the Options

Remember, litigation is a complex process. Before embarking on a trial, carefully consider all options with your lawyer. Their guidance will be crucial in navigating the legal landscape and ensuring you make the best decision.