The Law Firm of Chaile Allen, PLLC
LEGALLY REVIEWED BY:
Chaile Allen
Attorney
November 14, 2025

When you’re pursuing a personal injury claim, one of the biggest questions on your mind may be whether your case will settle or go to trial. The path your case takes can significantly impact your timeline, stress level, and ultimate outcome, making it natural to wonder what factors influence this critical decision.

At The Law Firm of Chaile Allen, we take a trial-ready approach to every case we handle. Attorney Chaile Allen brings extensive courtroom experience to the table, currently serving as Abilene’s temporary municipal judge while maintaining her civil practice. This unique perspective allows us to evaluate cases through both the lens of settlement negotiation and trial preparation, ensuring you receive guidance rooted in real courtroom experience.

What Determines Whether a Case Goes to Trial

Multiple factors influence whether a personal injury case settles or proceeds to trial. The strength of evidence on both sides often serves as the primary consideration in this decision.

“There are so many factors of why that might happen,” Chaile Allen explains. “A lot of times it’s going to be the strength of the case, one side versus the other.” When liability is clear and damages are well-documented, cases often settle because both parties can reasonably predict the likely trial outcome. However, when evidence is disputed or liability is unclear, the case may need a judge or jury to make the final determination.

Insurance company practices also play a significant role. “It can be as simple as they want to get some experience in the courtroom, and that can be really aggravating when you’re representing somebody who needs to get the case resolved,” Attorney Chaile Allen notes. Some insurance companies or defense attorneys may push cases to trial even when a settlement would be reasonable, simply to gain trial experience or delay payment.

The potential damages involved matter too. “The damages, meaning the amount of money that’s owed, can be so significant if they’re willing to risk a judgment because of the significance of the amount of money that’s owed,” Chaile Allen observes. When substantial amounts are at stake, insurance companies may gamble on a trial outcome rather than pay what they consider a high settlement amount.

The Role of Evidence Strength

Evidence quality directly affects settlement versus trial decisions. When one side has significantly stronger evidence, it influences both parties’ willingness to negotiate.

“If somebody believes they have strong evidence, and we have extremely strong evidence and we don’t think an offer is being made by the defense to settle the case for a reasonable amount, that’s always going to affect our desire to go to trial,” Chaile Allen explains. Strong evidence includes clear liability documentation, comprehensive medical records, expert witness testimony, and thorough damage calculations.

Conversely, when the defense has compelling evidence challenging your damages or liability, they may choose trial over settlement. This reality underscores why thorough case preparation matters from day one, regardless of whether your case ultimately settles or goes to trial.

The Financial and Emotional Costs of Trial

Understanding trial costs helps you make informed decisions about settlement offers. “Trials are extremely expensive,” Chaile Allen acknowledges. “At the end of the day, the most expensive part of a case is going to be going to trial.”

Financial costs include attorney time for trial preparation and courtroom appearances, staff time supporting trial preparation, expert witness fees and travel expenses, and court costs and filing fees. These expenses can accumulate quickly, sometimes reaching tens of thousands of dollars, depending on case complexity.

The emotional toll matters too. “I explain, especially during mediation and when talking about settling cases and taking an amount that may not fully compensate them to the level they wanted, but it does give them good compensation, there is a value in being done,” Chaile Allen shares. “There is a value in not having to go to trial, not having to think about this at night when you go to sleep or when you wake up in the morning.”

Attorney Chaile Allen recognizes different clients handle trial stress differently. “Some clients simply cannot handle the stress and don’t want to go to trial. Other clients can handle it better and have a higher capacity for being able to withstand the stresses and the anxiety that comes with going to trial.”

Settlement Milestones Throughout the Process

Cases can settle at various points during the legal process. “There are milestones, and it can settle at any point along the way,” Chaile Allen explains.

The first opportunity comes with the initial demand letter. “The first milestone has simply been to send a letter of representation and then a demand for payment for those damages,” Chaile Allen notes. While rare, some straightforward cases resolve at this stage when liability is clear and damages are reasonable.

After filing a lawsuit, discovery provides another settlement window. As both sides exchange information and take depositions, the strength of each position becomes clearer, often prompting settlement discussions.

Mediation represents a crucial settlement milestone. “Sometimes you can have pre-suit mediation, or you have mediation in the middle of litigation. All of those are opportunities for it to get resolved,” Chaile Allen observes. Many cases settle during mediation when a neutral third party helps facilitate negotiations.

The Advantage of Trial-Ready Representation

Having an attorney prepared to try your case strengthens your negotiating position, even if a settlement remains your goal. “Anytime you get to mediation and you have a case ready to go to trial, so expert witnesses are in line, all of your discovery has been responded to, all of your witnesses are lined up and ready to go, anytime you can present those factors and say, look, we’re ready to go, this isn’t bluffing, we’re going to trial on this,” Chaile Allen emphasizes.

This preparation signals to the defense that you’re serious and capable of proceeding to trial. “That’s significant because if you go to a mediation or a settlement negotiation with the other side and they can see we’re not ready, they don’t have to take you seriously,” Chaile Allen points out. “They can say, well, we can take this down the road for another year or two.”

Get Trial-Ready Representation With The Law Firm of Chaile Allen

Whether your case settles or goes to trial depends on numerous factors specific to your situation. At The Law Firm of Chaile Allen, we prepare every case as if it’s going to trial while pursuing the most favorable settlement possible. Attorney Chaile Allen’s experience as both a trial attorney and municipal judge provides unique insight into how cases are evaluated from all perspectives. Attorney Chaile Allen’s commitment to thorough case preparation and courtroom readiness ensures you’re in a strong position regardless of which path your case takes.

If you’ve been injured and need legal representation prepared to fight for you both in negotiations and in the courtroom, we’re here to help. Contact us today to discuss your case and learn how our trial-ready approach can benefit your claim.

LEGALLY REVIEWED BY:

Chaile Allen

Chaile Allen, Attorney

November 14, 2025

Chaile Allen, the founder and managing attorney of her law firm, specializes in personal injury litigation with deep roots in West Texas. With a wealth of experience, she provides personalized and compassionate legal representation, ensuring her clients receive the justice and compensation they deserve. Her strong reputation is built on successful outcomes and referrals from highly satisfied clients and community leaders.

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508 MULBERRY
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SWEETWATER, TEXAS 79556

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325-670-9282

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