Why do some Las Vegas personal injury cases go to trial and some don’t?

In Las Vegas, as well as in other jurisdictions, whether a personal injury case goes to trial or not depends on several factors. Here are some reasons why some personal injury cases in Las Vegas go to trial while others do not:

1. Settlement Negotiations: Many personal injury cases are resolved through settlement negotiations between the parties involved. In these cases, the injured party (plaintiff) and the at-fault party or their insurance company (defendant) may reach an agreement on compensation without going to trial. Settlements are often preferred as they can save time, costs, and uncertainty associated with a trial.

2. Liability Dispute: If there is a dispute over who is at fault for the accident or incident that caused the injuries, the case may be more likely to go to trial. If the parties cannot agree on who is responsible, a trial may be necessary for a judge or jury to determine liability.

3. Damages Dispute: Personal injury cases involve seeking compensation for the damages suffered by the injured party. If there is a significant dispute over the extent of damages or the amount of compensation sought, it may lead to a trial. The parties may disagree on the value of medical expenses, lost wages, pain and suffering, or other damages, requiring a court to make a decision.

4. Unreasonable Offers: If the defendant or their insurance company makes an unreasonably low settlement offer that does not adequately compensate the injured party for their losses, the plaintiff’s attorney may advise taking the case to trial to seek fair compensation.

5. Precedent or Principle: In some cases, the injured party may choose to pursue a trial based on the desire to establish a legal precedent or principle. This may be the case if the outcome could have broader implications beyond the individual case.

6. Insurance Company Tactics: Some insurance companies may employ strategies to delay or avoid settlement. If the injured party’s attorney believes that the insurance company is acting in bad faith or not negotiating in good faith, they may recommend going to trial as the best course of action to seek justice.

Ultimately, the decision to go to trial depends on the specific circumstances of each case and the judgment of the parties involved, including the injured party, their attorney, and the defendant or their insurance company.