Will My Personal Injury Case Go To Trial?

Do Most Personal Injury Cases Go to Trial?

No. The majority of personal injury cases in Florida and across the U.S. are settled before trial, often without even filing a lawsuit.

According to national legal statistics:

  • Roughly 95% of personal injury cases are resolved through pre-trial settlements
  • Only 5% or fewer proceed to a jury trial or bench trial

A trial is typically a last resort when settlement negotiations fail or when liability or damages are strongly disputed.

When Does a Personal Injury Case Go to Trial?

Your case may go to trial if:

  • The insurance company refuses to offer a fair settlement
  • The other party denies liability or blames you
  • There are significant disagreements about the value of your injuries
  • Evidence is inconclusive or disputed
  • The case involves complex legal or factual issues

In some cases, filing a lawsuit can prompt the insurer to settle, even before the case reaches the courtroom.

Factors That Influence Whether a Personal Injury Case Goes to Trial

Complexity of the Case

  • Complex Cases: Cases involving complex issues, such as multiple parties, intricate medical conditions, or significant legal questions, may be more likely to go to trial.
  • Simple Cases: Less complex cases with clear liability and straightforward damages might be settled out of court.

Insurance Company’s Position

  • Settlement Offers: Insurance companies often prefer to settle claims out of court to avoid the uncertainty and costs of a trial. If they make a reasonable offer, your case might settle without trial.
  • Disputed Claims: If the insurance company disputes liability, denies the claim, or offers an insufficient settlement, going to trial might become necessary.

The Severity of Injuries and Damages

  • Significant Damages: For cases involving severe injuries and substantial damages, the trial may be more likely if there are disagreements over the extent of damages or compensation.
  • Minor Injuries: Cases involving minor injuries and lower compensation amounts are less likely to go to trial, as they might be more easily resolved through settlement.

Parties’ Willingness to Settle

  • Negotiations: Settlement negotiations can often resolve disputes without the need for a trial. The case won’t proceed to trial if both parties reach a mutually agreeable settlement.
  • Stubborn Parties: If one or both parties are unwilling to compromise or have a significant disagreement about the settlement amount, a trial might be necessary.

Legal Strategy and Advice

  • Attorney’s Strategy: Your personal injury attorney’s strategy and recommendations are crucial in determining whether to settle or go to trial. Attorneys may advise going to trial if they believe it will lead to a more favorable outcome.
  • Client’s Decision: Ultimately, you have the final say in whether to accept a settlement offer or proceed to trial based on your attorney’s advice.

Evidence and Documentation

  • Strong Evidence: If you have strong evidence supporting your case and proving liability and damages, your case might be more likely to settle before trial.
  • Weak Evidence: If evidence is lacking or contested, going to trial may become necessary to resolve disputes over the facts.

How Can a Personal Injury Lawyer Help Avoid a Trial?

A skilled personal injury attorney:

  • Builds a strong claim with clear liability
  • Negotiates aggressively with the insurance company
  • Presents solid medical evidence and expert opinions
  • Shows the insurer that you’re prepared to go to trial if necessary

Often, simply having a trial-ready attorney convinces insurers to settle for full value rather than face courtroom risk.

Most Personal Injury Cases Settle Out of Court

Most personal injury claims nearly 95%, according to the U.S. Department of Justice, settle before reaching a courtroom.

Here’s why:

  • Settlements are quicker and less expensive
  • Trials come with uncertainty and emotional toll
  • Both parties can avoid negative publicity
  • Insurance companies prefer to control payouts
  • Courts are overloaded with cases

Contact Williams Law, P.A. Today

Each case is unique, and consulting with our experienced personal injury attorneys can help clarify the best course of action. While most personal injury cases never make it to trial, being prepared to litigate gives you leverage during settlement negotiations. Trials can be complex, emotional, and time-consuming, but they may also be the only path to justice.

At Williams Law, P.A., we know that the idea of going to trial can feel overwhelming. That’s why we prepare every case as if it will go to trial but work hard to settle when it’s in your best interest. Call 1-800-451-6786 or fill out our contact form to schedule your free consultation with our expert Florida personal injury lawyers who puts your recovery first.