Big River Trial Attorneys

April 2025

Personal Injury

Why Some Personal Injury Cases Don’t Settle Before Trial

Most personal injury cases settle before ever reaching a courtroom. In fact, over 90% of civil cases resolve through negotiation. But when a case does proceed to trial, it’s often because serious disputes stand in the way of a fair settlement. At Big River Trial Attorneys in Baton Rouge, we believe clients deserve to understand why some cases just don’t settle. Here are the most common reasons a personal injury case may not resolve before trial: Contested Liability: Who’s at Fault? One of the biggest barriers to settlement is disagreement over who caused the accident. In some cases, the parties strongly disagree on who was at fault—or whether the injured person shares some blame. For example: In a car accident, both drivers may claim they had the green light. In a slip and fall case, the business may argue that the hazard was open and obvious or that the victim was distracted. Louisiana follows comparative fault rules, meaning an injured person’s recovery can be reduced if they were partly responsible. If the defendant (or their insurance company) believes the plaintiff is 50% or more at fault, they may refuse to offer a reasonable settlement. Insurance Adjusters Don’t Recognize the True Value of the Case Insurance companies are businesses—not advocates for your well-being. They often undervalue claims to protect their bottom line. Common tactics include: Offering “lowball” settlements far below what your case is worth. Ignoring non-economic damages like pain and suffering. Discounting the long-term impact of injuries. When an adjuster won’t offer fair compensation, the only remaining path may be trial. Going before a jury can level the playing field and force the insurance company to answer for their unreasonable evaluation. Disputes Over the Severity of the Injuries Another major reason cases don’t settle is disagreement over how badly someone is hurt. Insurance companies will often: Claim your injuries are “pre-existing” or unrelated to the accident. Question your need for certain medical treatments. Argue that you recovered quickly and don’t deserve ongoing compensation. These tactics are especially common when the injuries are not easily visible, such as concussions, back injuries, or soft tissue damage. If the insurer doesn’t believe your pain is real—or won’t admit how much it affects your life—settlement negotiations may break down. Lack of Witnesses or Conflicting Evidence Some cases involve a “he said, she said” scenario. If there are no neutral witnesses, or if physical evidence is lacking or contradictory, the defense may take a gamble that the jury will side with them. This uncertainty can stall negotiations, especially if the insurance company believes they have a chance at winning in court. Unreasonable Defendant or Insurance Carrier Occasionally, a case doesn’t settle simply because the other side refuses to be reasonable. This can happen when: A defendant insists they did nothing wrong, regardless of the evidence. An insurance company has a “zero settlement” policy until just before trial. The case has high stakes or potential for a large jury verdict, prompting the insurer to delay resolution. Some insurers are known for being difficult or for dragging out claims in hopes that injured people will give up. Strategic Advantage In certain situations, both sides may benefit from taking a case to trial. For the plaintiff, a trial may: Offer the chance at a higher award than any pre-trial offer. Create public accountability for dangerous behavior. Help shape future settlement negotiations by showing you’re willing to fight. Your attorney may recommend trial not out of stubbornness, but because it’s the best way to protect your rights and get the compensation you deserve. Conclusion: Trial Isn’t Failure—It’s a Path to Justice At Big River Trial Attorneys, we explore every opportunity to settle our clients’ cases fairly and quickly. But when the insurance company won’t act in good faith, we’re fully prepared to take your case to court. You deserve an advocate who isn’t afraid to stand up and fight—because your recovery is too important to accept less than you’re owed. If you’ve been injured and want to know whether your case is likely to settle or go to trial, schedule a free consultation with our Baton Rouge team today. We’ll walk you through your options and help you make the best decision for your future.

Personal Injury

Understanding the $50M Starbucks Verdict and the Famous McDonald’s Coffee Case

Personal injury lawsuits sometimes get labeled as “frivolous,” especially when they involve everyday items like hot coffee or tea. But two of the most widely discussed cases—Michael Garcia v. Starbucks and Liebeck v. McDonald’s—prove that there’s often much more to the story than meets the eye. These cases involve serious injuries, ignored safety concerns, and in both instances, defendants who declined to take early opportunities to resolve the matter fairly. Let’s unpack the facts and the legal reasoning behind the large jury awards in these high-profile cases. The Michael Garcia v. Starbucks Case (2025) In early 2025, a California jury awarded $50 million to Michael Garcia, a delivery driver who suffered life-altering burns when a Starbucks employee handed him a cup of hot tea with a loose lid. Garcia was in his vehicle at the time, and as he tried to take the cup, the scalding liquid spilled onto his lap, causing severe burns to his lower body. Garcia filed suit, alleging that Starbucks employees failed to follow safety protocols in securing the lid and properly handing off the beverage. His injuries were extensive, requiring multiple skin grafts and leading to permanent disfigurement and chronic pain. While $50 million may sound excessive at first glance, it’s important to understand that Starbucks was warned multiple times by employees and customers about hot drinks being handed over unsafely. In fact, there were internal complaints about inadequate training on how to safely serve beverages in drive-thru and handoff windows. This wasn’t a one-off accident—it was part of a pattern. Starbucks initially offered $3 million to settle, later raising that to $30 million. Garcia was open to settling, but requested two additional things: a public apology and a policy change to prevent similar injuries in the future. Starbucks declined, and the case went to trial. The jury deliberated for just 40 minutes before returning the $50 million verdict, which included compensation for medical expenses, pain and suffering, and likely a significant amount of punitive damages meant to hold Starbucks accountable for systemic negligence. The Liebeck v. McDonald’s Case (1994) One of the most misunderstood personal injury cases in American history is Liebeck v. McDonald’s, often mocked in pop culture as the “hot coffee lawsuit.” Stella Liebeck, a 79-year-old woman, bought a cup of McDonald’s coffee and accidentally spilled it in her lap while trying to add cream and sugar. What many don’t realize is that the coffee was served at a dangerously high temperature—between 180°F and 190°F. Industry standards suggest coffee should be served around 130°F–160°F for safe consumption. The result? Liebeck suffered third-degree burns over her thighs, groin, and buttocks. She required skin grafts, an eight-day hospital stay, and two years of follow-up treatment. Her initial request for compensation was modest: she asked McDonald’s to cover her $20,000 in medical bills. McDonald’s offered only $800. The case went to trial, and the jury awarded Liebeck $200,000 in compensatory damages, reduced to $160,000 due to comparative fault, plus $2.7 million in punitive damages—roughly two days of McDonald’s coffee sales at the time. The judge later reduced the punitive damages to $480,000, and the case eventually settled for an undisclosed amount. What’s notable is that McDonald’s had received over 700 prior complaints about burns from hot coffee, and had refused to change its practices. The jury’s decision was based not just on Liebeck’s injuries, but on the company’s willful disregard for consumer safety. Why Are These Verdicts So High? Understanding how personal injury awards work helps make sense of the verdicts in these cases. In general, plaintiffs may be awarded: • Medical Expenses: To reimburse the cost of hospital bills, surgeries, rehabilitation, and future medical needs. • Pain and Suffering: Compensation for physical pain, emotional trauma, and diminished quality of life. • Punitive Damages: Not meant to compensate the plaintiff, but to punish the defendant and deter similar future conduct, especially when there is gross negligence or willful misconduct In both the Garcia and Liebeck cases, the corporations had multiple opportunities to prevent injury and chose not to act. These weren’t simple accidents—they were foreseeable and avoidable incidents tied to a lack of corporate responsibility. Both cases involved a common practice of willful disregard for industry standards and the company’s own safety protocols. The Takeaway: Corporate Accountability Matters Cases like these serve as a reminder that what some call “frivolous” lawsuits often involve real people who suffer real harm due to a company’s failure to put safety first. At Big River Trial Attorneys, we believe in fighting for the injured—whether their injuries come from a car crash, a defective product, or a preventable mistake by a major corporation. If you or a loved one has been seriously injured due to someone else’s negligence, don’t assume you have to face it alone. Contact us today for a free consultation. We’re here to stand up for your rights and make sure justice is served.

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