Menu
Personal Injury Attorneys built on tradition & driven by excellence.
city buildings close up

Will My Injury Case Go To Trial in Tennessee?

When you are recovering from an accident, the thought of going to trial can feel like one more thing to worry about. It is normal to wonder whether your Nashville personal injury case will go to trial or if things can be resolved outside the courtroom. 

Most personal injury cases settle before trial, but certain factors, like who is at fault or how much compensation is on the table, can change the path your case takes.

How Tennessee Law Impacts Whether a Personal Injury Case Goes to Trial

Tennessee gives you the right to take your case to court, but most systems are designed to support settlement when possible. The value of your case, the facts in dispute, and how willing each side is to compromise often shape what happens next. Two of the biggest factors that determine whether your case goes to trial involve fault and how many people or policies are involved.

Disagreements Over Fault or Damages

Some cases move toward trial because the other side refuses to admit they were at fault or tries to minimize your injuries. If the insurance company believes your actions contributed to the crash or that your injuries are not serious, they may delay or deny a fair offer. These kinds of disputes often need a jury to decide what happened.

Multiple Defendants or Insurance Coverage Conflicts

When more than one person or company may be responsible, it can be harder to get everyone on the same page. Each party might have its insurer, legal team, and version of events. Coverage limits, policy exclusions, or overlapping claims can all slow things down and increase the chance that your case ends up in court.

Common Situations Where Cases Are More Likely To Go To Court

Some personal injury claims come with more tension than others. When emotions are high, evidence is limited, or the stakes are bigger, it can be harder to reach an agreement outside the courtroom. Here are a few types of cases where a trial is more likely:

  • Multi-car accidents
  • Severe medical malpractice injuries
  • Contested slip and fall claims
  • Truck accidents involving corporate defendants
  • Wrongful death claims
  • Hit and run or disputed construction site accidents
  • Unresolved product liability issues

Medical malpractice cases may also be more likely to go to court under Tennessee Code § 29-26-115, where the burden of proof is higher and expert input is often required. If your case involves a product liability issue, the process may take longer as reports are gathered and manufacturers get involved.

Why Some Injury Cases Settle While Others Go to Court in Nashville

Most personal injury cases settle because both sides want to avoid the stress, cost, and uncertainty that come with a trial. However, some still end up in court, especially when the other side refuses to budge or the facts are too unclear to work things out early. 

Strength of the Evidence and Witness Credibility

Cases with strong medical records, solid photos, and clear witness statements tend to settle faster. Insurance adjusters are more likely to offer a fair amount when the facts are well documented and your story holds up under review. If the records are incomplete or the testimony feels unsure, the other side may decide to roll the dice and let a jury sort it out.

Policy Limits, Deadlines, and Strategic Timing

Sometimes it is not about the facts but about the limits of the insurance policy. If your losses are higher than what the policy covers, or if the company stalls too long, trial might be the only way forward. 

A strict filing deadline is set by Tennessee Code § 28-3-104, which can push things forward before either side is ready. Timing matters more than most people realize, and sometimes the court calendar itself shapes how everything plays out.