Kenny Habetz Injury Law | April 22, 2025 | Personal Injury
After an accident, one of the first questions people ask is, “Will my personal injury case go to trial?” It’s a valid concern—nobody wants the stress of a courtroom if it can be avoided. Fortunately, most personal injury cases in Louisiana settle out of court. But there are some situations where going to trial becomes necessary.
Understanding the legal process in Louisiana can help you feel more confident about what’s ahead. Below, we’ll break down when a case might go to trial, the factors involved, and what Louisiana law says about the process.
Most Personal Injury Cases Settle Before Trial
The vast majority of personal injury claims—whether they involve car accidents, slip and falls, or other injuries—are resolved through settlement. Insurance companies typically prefer to settle rather than risk the unpredictability and cost of a trial. In fact, it’s estimated that only about 4% of cases go to trial.
A skilled personal injury attorney in Louisiana will begin negotiations early in the process. If liability is clear and damages are well-documented, many claims are resolved quickly. However, settlement negotiations can stall if there are disputes over fault or the value of your injuries.
When a Personal Injury Case May Go to Trial
Here are the most common reasons a personal injury case in Louisiana might proceed to trial:
- Liability is disputed: If the at-fault party or their insurance company denies responsibility, a trial may be needed to prove who was negligent.
- Low settlement offers: If the insurance company offers a settlement that doesn’t cover your medical bills, lost wages, or pain and suffering, your attorney may recommend taking your case to court.
- Complex or high-value claims: Cases involving catastrophic injuries or wrongful death often involve larger sums of money, which insurers may be reluctant to pay without a fight.
- Bad faith tactics: If an insurance provider acts in bad faith by delaying, undervaluing, or outright denying your claim, litigation may be the only way to recover fair compensation.
While trial is not the goal for every case, it’s an important option that gives you leverage during negotiations—and ensures you have a path forward if the insurer refuses to settle fairly.
What Louisiana Law Says About Trials
Under Louisiana Civil Code Article 2315, any person who causes damage to another through fault or negligence is obligated to repair it. This legal foundation allows injured victims to seek compensation through the civil court system when a settlement isn’t possible.
Additionally, Louisiana law grants a right to a trial by jury in personal injury cases where the amount in controversy exceeds $10,000. If the damages are expected to be lower than that, a judge in a bench trial will typically decide the case.
Understanding these statutes helps you and your attorney determine what type of trial may apply if your case moves beyond the settlement stage.
What Happens If Your Case Goes to Trial?
If your personal injury case goes to trial in Louisiana, here’s what you can generally expect:
- Filing a Lawsuit: If settlement fails, your attorney will file a formal complaint in court.
- Discovery Phase: Both sides will exchange evidence, interview witnesses, and take depositions.
- Pre-Trial Motions: Legal motions are filed to resolve issues before trial.
- Trial: Evidence is presented, witnesses testify, and a judge or jury determines the outcome.
- Judgment: A final decision is issued, and damages may be awarded.
Trials can be lengthy and stressful, but they may be necessary to secure the compensation you truly deserve, especially in cases where serious injury or permanent disability is involved.
How a Louisiana Personal Injury Lawyer Can Help
Whether your case goes to trial or not, having the right legal representation can make all the difference. An experienced personal injury lawyer in Louisiana will:
- Gather strong evidence and documentation to support your claim
- Negotiate with insurance companies on your behalf
- Prepare your case for trial if necessary
- Help ensure you meet key deadlines, such as Louisiana’s two-year statute of limitations for personal injury claims
Missing that deadline could mean losing your right to pursue compensation altogether.
Contact the Louisiana Personal Injury Law Firm Of Kenny Habetz Injury Law for Help Today
If you’ve been injured in Louisiana, please call Kenny Habetz Injury Law for a free case evaluation with a Louisiana personal injury lawyer or contact us online. We have offices in Lafayette and Crowley, LA.
Kenny Habetz Injury Law – Lafayette
110 E Kaliste Saloom Rd Ste 101 Lafayette, LA 70508
(337) 399-9000
Kenny Habetz Injury Law – Crowley
604 S Parkerson Ave. Crowley, LA 70526
(337) 329-8883
