Settlement vs Trial: Do Personal Injury Cases Go To Trial?
There are usually several questions in your head after you’ve been injured. Will the pain disappear quickly? How can I pay my medical bills? Then, sometimes weeks or even months later, another big question surfaces: do personal injury cases go to trial?
It’s a fair question. Most people can’t imagine standing in front of a jury or judge and explaining the worst day of your life. You may even imagine a TV-style drama courtroom, with attorneys shouting and jurors taking notes. Personal injury lawsuits are much more complex and less dramatic in reality.
Break it down.
Contact Us Today!
(727) 822-8818
Do Personal Injury Cases Go to Trial?
Short answer: Not very often. The majority of personal injury cases are settled before they reach the courtroom. In fact, if you’ve been wondering how often do personal injury cases go to trial, statistics suggest only about 3-5% actually do. The vast majority of personal injury cases, well over 90%, end in a negotiated settlement.
Why? Settlements are usually quicker, less stressful and more predictable. Settlement means that both parties agree on a certain amount of compensation, without allowing a jury decide.
The answer is not black and white. There are some cases where the case will go to trial, even though most cases settle. You can better prepare yourself for the trial if you know what to expect.
Why Do Personal Injury Cases Go To Trial?
What is it that pushes cases to court if settlements so often occur? There are several common triggers.
- A disagreement about responsibility. The defendant may refuse to admit fault or there are multiple parties pointing fingers.
- A dispute over damages. An injured person believes that their pain, future medical expenses, and lost wages are worth more than the amount offered by insurance companies.
- Insurance companies strategy Sometimes insurers bet, thinking that they can win the trial or force the plaintiff to accept a lesser amount out of fear.
- Principle. A client might feel strongly that only a trial will expose wrongdoing–especially in cases involving misconduct, fraud, or serious negligence.
Each case is different. Even when it appears that a settlement is close, a single unresolved issue can turn the case into litigation.
Do Most Personal Injury Cases Settle Before Trial?
Yes. It’s not a coincidence that the phrase “most personal injuries cases settle before trial”, is often repeated. Settlements are usually beneficial to both parties. Plaintiffs are spared the stress and uncertainty of a trial. Defendants and their insurers avoid the risk that a jury will award a large verdict.
Settlements are often a good option for clients because they can cover their medical expenses, rent or other daily costs without having to wait months, or even years, for a court date.
It doesn’t necessarily mean that a settlement will be the best solution. Sometimes the settlement amount is not fair. The trial option is still available in these cases.
The Personal Injury Trial Process Explained
Here’s a typical courtroom scenario for those who are curious about what happens.
- The lawsuit If initial negotiations have failed, your lawyer files a formal complaint with the court.
- Exchange of documents and information between the parties. This phase is usually the longest.
- Motions for pre-trial. Lawyers debate what evidence is allowed.
- Jury Selection. Both sides are involved in selecting jurors when it is a jury trial.
- Opening Statements. Each lawyer outlines his or her version of the case.
- Evidence is presented Experts, witnesses, and documents will be introduced.
- Conclusions Both sides summarize their arguments
- The jury is deliberating (or the judge has reached a decision). The verdict is rendered.
- A court’s official decision, including any damages awarded.
Although it’s a well-structured process, someone who hasn’t been to court before may find the experience overwhelming. It’s important to have an attorney with experience in trial procedures.
Chances Of Winning A Personal Injury Trial
What are the odds of winning a trial for personal injury?
Facts are important. Evidence such as eyewitnesses or video footage can help you win the case. Cases based solely on “he said/she said” testimony may be more risky.
On a national level, plaintiffs are the winners in about half of personal injury cases. These averages do not tell the full story. Medical malpractice suits are statistically more difficult to win than auto accident claims.
Your individual facts are more important than national percentages.
Contact Us Today!
(727) 822-8818
The Percentage Of Personal Injury Cases That Go To Trial
Experts estimate that 95-97% cases are settled out of court and only 3 to 5% of them go to trial. Trials are still important, even though they represent a small percentage. Sometimes, those few cases can set precedents that force companies to adopt safer practices.
Think of the product liability suits – faulty brakes or medical devices. Or unsafe pharmaceuticals. They often end up at trial, because the stakes can be so high.
Comparison of Settlement and Trial
There are many paths to choose from. Consider these factors:
Settlement
- Faster resolution
- Less expensive overall
- Private (terms that aren’t public)
- Guaranteed compensation
Trial
- Potential for higher damages
- Public accountability for wrongdoing
- Clear legal precedent
- You could lose everything if the jury sides with the defendant.
Your lawyer’s job is to weigh the pros and cons of your options while balancing them against realistic realities.
When Do Personal Injury Cases Go To Trial?
The majority of personal injury cases do not begin with the intention of going to trial. Negotiation is the first step. If, after many months of back and forth, no fair settlement is reached, then your lawyer might recommend that you move forward.
Some cases are also taken to trial when an insurer refuses settlement out of principle or if the liability is so disputed that there is no middle ground.
The philosophy at Jeanette Secor, PA Attorney at Law is simple: Prepare every case as though it could be tried. Why? Even when a settlement seems likely, strong preparation can often encourage the other party to take negotiations more seriously.
How Many Personal Injury Cases Go To Court?
It may not seem like much, but when you are the one who files, it is your case that counts. You’ll need to be confident with your strategy, whether you are in the majority who settle or the minority who go to court.
Your attorney should be prepared to present his case in front of a jury and judge, even if the number of personal injury lawsuits that reach trial is small. This readiness can also make a difference during settlement negotiations.
Trial Results for Personal Injury Claims
What happens if you do make it to trial?
Three possible outcomes are usually possible:
- The jury or judge awards compensation to the plaintiff.
- The defendant is awarded no damages.
- Mixed verdict. Sometimes damages or responsibility are reduced.
Remember that you can also appeal, and this will extend the timeframe.
Preparation Is Essential
You can answer the question Do personal injury cases go to trial by planning as if it could happen. A solid preparation is beneficial whether you decide to settle or go to trial.
Included in this is:
- Gathering medical documents early
- Preservation of accident scene evidence
- Finding credible expert witnesses
- Understanding possible damages (medical costs and lost wages, as well as pain and suffering).
Prepared cases are more likely to settle quickly and, if necessary, be stronger in court.
Final Thoughts
Do personal injury cases go to trial? Not often, but sometimes. Most cases are resolved through settlement and negotiation. Even though the possibility of trial always exists, it is only in the background and shapes strategies on both sides.
If you have a claim involving a workplace injury, a slip and fall, a car crash, or something complex such as medical malpractice, it is important to know that settlements are likely. However, trials remain a vital safeguard when there’s no other way to ensure fairness.
Clients are guided with preparation and transparency by Jeanette Secor, PA Attorney at Law. Settlements are fine when they’re fair. When it’s unfair, it is better to go to trial. The goal is to help you recover not only financially but also with peace of mind, knowing that someone fought for you.
Justice should not feel like a gambling game, but more like an organized plan, regardless of whether it is achieved through a settlement or a verdict.