Floral Pattern
Floral Pattern

Should You Take Your Personal Injury Case to Trial?

By: Manoj Prasad

Clear Liability and Convincing Evidence

A good personal injury lawsuit requires evidence of defendant's fault for settlement leverage and trial success.

Uncooperative or Bad Faith Behavior

1Opposing party's stubborn, deceptive tactics may warrant going to trial to overcome obstacles to fair compensation.

Comparative Negligence Considerations

In states with such rules, trial helps determine fault percentages precisely, impacting damage award amounts.

Unfair Settlement Offers

Inadequate offers may prompt trial for appropriate compensation; even seemingly fair offers may be surpassed by trial verdicts.

Impact of Legal Precedent

Pursuing trial may aid the individual and others in similar situations by setting precedents.

Assessment of Settlement Fairness

Consult an attorney to evaluate settlement offers for fairness before accepting; trial verdicts could potentially garner greater damages.

Signs of Bad Faith Conduct

Refusal to investigate, denying reasonable liability, delaying treatment approvals, or offering inadequate settlements signal bad faith behavior.

Modified Comparative Negligence

To recover in Nevada, the plaintiff must be less than 50% at fault; trial determines culpability percentages.

Meet Expert Personal Injury Attorney


Mr. Lamber, a Martindale Hubbell AV Preeminent rated trial attorney (highest peer-review rating), specializes in plaintiffs’ catastrophic injury and wrongful death litigation.* He formed the Plaintiff Personal Injury (PI) Practice at Fennemore and has spent the past 30 years developing it. He is the Chairperson of the PI Practice.

Phoenix, Arizona 602-ARIZONA (602-833-0352) 2394 E Camelback Rd #600 Phoenix, AZ 85016