Do Personal Injury Cases Go to Trial?

When you suffer an injury due to someone else’s negligence, you may consider filing a personal injury claim to recover compensation for your losses. A common concern among plaintiffs is whether their case will go to trial. 

While most personal injury cases settle before reaching the courtroom, some do proceed to trial. 

As the nation’s largest personal injury law firm, Morgan & Morgan boasts an army of over 1,000 trial-ready lawyers—with offices in every state across the country. Our size and reputation for fighting to the very end sends a clear message to the other side: lowball offers won’t cut it.

To learn more about your specific case, contact Morgan & Morgan today for a free case evaluation.

The Reality of Personal Injury Trials

The majority of personal injury cases do not go to trial. In fact, studies suggest that approximately 95% of personal injury cases settle out of court. 

This high settlement rate is due to several factors, including the costs, time commitment, and risks associated with a trial. However, there are situations where going to trial is necessary, particularly when settlement negotiations fail or when liability and damages are contested.

Settlement vs. Trial: What’s the Difference?

Before delving into why some cases go to trial, it's important to understand the difference between settlements and trials:

• Settlement: A resolution reached between the plaintiff and defendant (or their insurance company) before a trial. The defendant agrees to pay a negotiated amount, and the plaintiff agrees to forgo further legal action.
• Trial: A formal legal proceeding where evidence is presented before a judge or jury, who then determine liability and the amount of compensation owed.

Why Do Most Personal Injury Cases Settle?

Avoiding Legal Expenses

Going to trial can be expensive. Court fees, expert witness costs, and attorney expenses can add up quickly. Settling early allows both parties to avoid these financial burdens.

Time Efficiency

Trials can take months or even years to conclude. Many plaintiffs prefer settlements because they provide quicker access to compensation, which is especially important for those facing medical bills and lost wages.

Certainty of Outcome

Settlements provide a guaranteed payout. Trials, on the other hand, come with risks—there’s no certainty about the jury’s decision, and plaintiffs may walk away with nothing.

Confidentiality

Settlements are often private, whereas trials become public record. Defendants, especially corporations, may prefer settlements to avoid bad publicity.

Emotional Toll

Trials can be stressful and emotionally draining. Many plaintiffs prefer to avoid the pressure of cross-examinations and the uncertainty of a trial verdict.

When Do Personal Injury Cases Go to Trial?

Despite the advantages of settling, some cases proceed to trial. Here are common reasons why:

Disputed Liability

If the defendant denies responsibility for the injury, or if multiple parties are involved, settlement negotiations may fail. In such cases, a trial may be necessary to establish fault.

Low Settlement Offers

Insurance companies often try to minimize payouts. If they offer an amount significantly lower than what the plaintiff deserves, taking the case to trial may be the best way to secure fair compensation.

Severe Injuries and High Damages

Cases involving catastrophic injuries or long-term disabilities often involve substantial damages. Defendants may be reluctant to pay large settlements, leading to prolonged legal battles.

Precedent-Setting Cases

Some cases raise novel legal issues or involve significant public interest. Plaintiffs may choose to go to trial to establish legal precedents that could benefit others in similar situations.

Bad Faith by Insurance Companies

If an insurance company acts in bad faith by unjustly denying a claim or delaying payment, a trial may be necessary to hold them accountable.

The Personal Injury Trial Process

If your case goes to trial, here’s what to expect:

1. Pre-Trial Phase

• Filing a Lawsuit: Your attorney files a complaint against the defendant.
• Discovery: Both sides exchange evidence, conduct depositions, and gather expert testimony.
• Motions: Attorneys may file motions to dismiss certain claims or exclude evidence.
• Pre-Trial Settlement Talks: Even at this stage, settlement negotiations may continue.

2. Trial Phase

• Jury Selection: If applicable, attorneys select impartial jurors.
• Opening Statements: Each side presents an overview of their case.
• Presentation of Evidence: Both parties present evidence, call witnesses, and cross-examine opposing witnesses.
• Closing Arguments: Attorneys summarize their cases for the jury.
• Verdict: The judge or jury delivers a decision regarding liability and damages.

3. Post-Trial Actions

• Appeals: The losing party may appeal the decision.
• Collection of Compensation: If the plaintiff wins, the defendant must pay the awarded damages.

Factors That Influence Settlement or Trial Decisions

When deciding whether to settle or go to trial, several factors come into play:

Strength of Evidence

If the plaintiff has strong evidence—such as video footage, eyewitness testimony, or medical records—settlement is more likely. Weak evidence may push a case to trial.

Legal Representation

Experienced attorneys can negotiate favorable settlements. However, if the defense refuses to offer a reasonable amount, a skilled trial attorney is crucial.

Insurance Company Strategy

Some insurers adopt aggressive settlement tactics, while others are more willing to negotiate. Understanding their approach helps shape legal strategy.

Risk Tolerance

Plaintiffs comfortable with the uncertainty of trial may pursue it, while those who prefer guaranteed compensation may accept a settlement.

Defendant’s Willingness to Settle

If a defendant fears a large jury award, they may be more inclined to settle. Conversely, if they believe they have a strong defense, they may opt for trial.

Should You Settle or Go to Trial?

Every case is unique, and the decision to settle or go to trial depends on individual circumstances. Consulting an experienced attorney is crucial in evaluating your options and making the best decision for your situation.

At Morgan & Morgan, we understand the complexities of personal injury cases. Our attorneys are skilled negotiators who fight for maximum compensation. If necessary, we are fully prepared to take your case to trial. Our reputation for securing large settlements and jury awards puts pressure on insurance companies to offer fair compensation.

If you’ve been injured due to someone else’s negligence, contact Morgan & Morgan for a free case evaluation. With decades of experience and a proven track record, we are dedicated to fighting for your rights. Remember, the Fee Is Free®, and we only get paid if you win.