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Last Modified on Jul 04, 2026
When it comes to personal injury cases, many of them never make it to trial and settle in negotiations. However, demonstrating a willingness to take a case to trial can impact how an insurer views a personal injury claim. Going to trial means proving your claim is backed by evidence and showing how your injuries have left you ready to go to court if a reasonable settlement offer is not made. This is why we’re willing to take your case to trial in Louisiana.
The Local Landscape
Louisiana boasts major roadways like Interstate 10, Interstate 49, and US-90, which link bustling commercial areas across the state. Serious vehicle crashes happen frequently along these highways. Whether an accident occurs near downtown Lafayette, on the Ambassador Caffery Parkway corridor, or while driving through Acadiana, Chris Villemarette, Trial Lawyer, is ready to take the case to trial long before litigation begins.
In most cases, personal injury claims filed in Lafayette Parish are heard in or around the Lafayette Parish Courthouse, 800 South Buchanan Street, Lafayette, LA 70501. Knowing the local rules of filing procedures, evidence, and deadlines allows an attorney to prepare a case for trial from day one and keep a case moving should parties fail to reach a settlement.
Why Some Cases Need to Be Trial Ready
Although making up only 1.4% of the US population, Louisiana makes up 3.65% of all physical injury claims. Louisiana received $10.26 billion in physical injury damages over a ten-year period on 645,770 claims, many of which ended up going to trial.
Insurance companies pay out a substantial amount of claims every year. They also know that some Louisiana personal injury attorneys handle claims without ever trying a case. When they believe a legal claim is unlikely, insurance companies are sometimes less motivated to fully understand an injury or consider how a jury might react.
Every personal injury case handled by Chris Villemarette’s office is prepared as if it may go to trial. That is not to say every case should go to court, but being prepared for trial from the start can benefit any legal matter.
Why Trial Readiness Can Affect Settlement Negotiations
Going to trial is not a surefire way to secure a larger recovery for damages, but it can change how an insurance company reviews a claim. Insurance companies like to know the risks of proceeding with litigation. When faced with evidence that the other side is ready to take to trial, an insurance company has more to review. This evidence can include:
- Medical records
- Statements from professionals, such as your doctor
- Detailed accounts of lost wages
- Eyewitness statements
It’s not uncommon for paperwork to be missed, or for injured individuals to be reluctant to engage completely in the legal journey. Without significant evidence or a well-prepared case, an insurer might choose to emphasize the speculative elements during settlement negotiations rather than the facts.
Why Going to Trial Could Lead to a Larger Recovery
Insurance companies like to avoid risk. If they believe the evidence against them may lead to a jury verdict in excess of their settlement offer, they may choose to settle for a higher amount rather than go to trial.
Taking your case to trial may also identify damages you were not aware of when you first began your claim. Ongoing medical treatment may help clarify the extent of your injuries, including any permanency. The value of your claim may change as more of your damages are identified.
Lastly, jury trials are risky for both you and the insurance company. Although nothing is certain, a jury can award damages based on what you prove at trial, not what the insurance company thinks your case is worth. For that reason, many insurance companies may increase their settlement offer as trial approaches.
Hire a Personal Injury Lawyer
Not every lawyer intends to go to trial, so when you hire a personal injury lawyer, you should know how they handle litigation. Our lawyers focus on preserving evidence, understanding personal injury laws, finding witnesses, gathering medical and financial documents, bringing in professionals if required, managing all court pleadings, negotiating with insurers, and ultimately appearing in court for you.
FAQs
What Is a Deposition in a Personal Injury Case?
A deposition is the taking of testimony before trial under oath and following questioning by counsel for each party. A court reporter transcribes the testimony. Depositions provide discovery for each party about the evidence that may be available at trial and allow each party to assess the credibility of the witnesses. The statements made during a deposition can be kept on record for future settlement discussions or as evidence in court.
Can I Still Settle My Case After a Trial Has Been Scheduled?
Yes. The fact that a trial date is set does not stop the parties from engaging in settlement negotiations. Generally speaking, most personal injury cases are settled during the course of litigation and sometimes on the day of trial. As discovery progresses and more information is learned, both sides may discover strengths and weaknesses in their arguments and determine that settling is the proper course of action.
Do I Have to Testify if My Case Goes to Trial?
During a trial, the injured party is usually required to testify about the accident and resulting injury. Necessary details include what happened, medical treatment you have received, and how your injury impacts your daily life. Your lawyer often prepares you for trial by discussing the court process and what types of questions may be asked of you. Providing truthful and consistent testimony is one aspect of presenting your case.
What Happens After the Court Reaches a Verdict?
After the verdict is given, further court processes can take place. This may include the entry of final judgment by the court, hearing of post-trial motions, and appeals to a higher court. If either side is dissatisfied with how the law was applied to the facts, they can appeal. Even if you’re awarded damages, actually getting paid can take a while, depending on the specifics of your situation and if there are more court proceedings to come.
Why Chris Villemarette, Trial Lawyer?
Chris Villemarette focuses primarily on personal injury, family law, and criminal defense. Having represented clients throughout Louisiana since 1994, he personally oversees each aspect of litigation, including investigations, negotiations, trial preparation, and courtroom strategy. Now, he can help you too. Contact us today to get started.
