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An interesting search string to the blog sought to know, "What types of car wrecks are most likely to go to trial". I haven't addressed what makes cases go to trial before and so, here we go. There are basically two reasons cases go to trial, first, because of an inability to compromise, second because of problems with the facts.

For a case to settle without a trial, the parties on both sides must be able to find a compromise. It is often said that when a case settles, neither side got exactly what they wanted, but the both got something they can live with. Settlement is a balancing act between risk and certainty. The one who is giving up something, usually money, will only settle if they think they could lose more in trial. The one receiving something will only settle if they think they could do worse at trial. Both have to make a business decision. Both have to calculate their costs of litigation, the time it could take to finish litigation, and what the possible outcome of the litigation could be. To do this calculation they need quality information from their attorney of the facts that would be presented to the court, how the law would apply to those facts, and how juries have reacted to similar fact scenarios. In Texas there are statistics published that tell you the outcome of all the civil litigation cases that get filed. This publication is called the "Blue Sheets". By scanning the blue sheets you can get a feel for how some juries have responded to cases like the one being considered. It is important in doing that kind of analysis to take a broad look. If you only look for the verdicts in your favor you get a skewed picture. The last time I looked closely at these statistics, in car wreck litigation some 63% of the people filing suit lost, or got less than their medical bills awarded. That meant only 34% got more than their medical bills on a typical accident. Now, this statistic has to be broken down as well, as it changes depending on whether it was a rear end collision, an intersection collision and other factors. Once the client and the attorney have a well developed case, negotiations have drawn near to and end, and it is fairly certain what types of information will be necessary at trial, the attorney can advise the client of the potential costs, the strong and weak points of their case, and the possible jury verdicts. It won't be a precise number, it will be a ranged number. If the offers on the table are inside that range, the claimant runs the risk of getting less at court and will usually settle. If the defendant looks at the numbers and sees that they have a strong risk of paying more after trial, they will offer more to settle. All of this breaks down when people stop making a business decision and decide to go to trial solely on principal. A case fought on principle will usually end in a winner takes all decision in a trial. If the sides cannot compromise, they cannot settle and a jury or judge will decide the case for them. That is why I list a lack of compromise as the first reason cases go to trial.

The second reason cases go to trial is if there is a problem in the facts. Not every case is clear cut. A swearing match case is a classic example of a case that could go to trial. If the only people present at an incident are the plaintiff and the defendant, with no witnesses, and both the plaintiff and defendant tell completely opposite stories, the case will likely end up in court. By example, imagine a country intersection controlled by a traffic light. It is mid day, there is nobody around to see the accident and two cars strike each other. Car number one swears they had a green light. Car number two swears they had a green light. The light has been tested and is working properly. An accident constructionist will not prove who had the green light. The mechanics of the accident would be the same either way. There is nobody to break the tie in the swearing match of who had the green light. Both are claiming against each other, both are injured, both have insurance companies denying the others’ claims. That case is going to trial. The only way to break the tie is to go have a jury decide who they trust more, and award everything to that person.