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How Many Personal Injury Cases Go to Trial?

The idea of a courtroom battle can be pretty intimidating, and let’s be honest — most people would rather settle things without ever having to go to trial. But knowing how personal injury cases work and the chances of going to trial can help you make the best choices for your situation.

 

Our experienced New York personal injury attorneys explain how many personal injury cases actually go to trial below!

How Often Do Personal Injury Cases Go to Trial?

In the world of personal injury law, most cases don’t go to trial. In fact, only about 3% to 5% of cases make it to a courtroom. While negotiations and the strength of your case also play a part, having an experienced attorney can significantly increase your chances of reaching a favorable settlement without the need for trial.

 

The bottom line is that even though you should be ready to go to court, most personal injury cases are resolved through negotiations.

How Close to Trial Do Cases Settle?

Personal injury cases can be settled at any point, even right before a trial starts.

 

When Settlements Happen

 

  1. Pre-Litigation: Many cases are settled before any formal lawsuit is filed through negotiations directly with the insurance company.
  2. Post-Litigation: Even after a lawsuit is filed, parties often keep negotiating and may settle just before the trial date.
  3. During Trial: Settlements can still happen during the trial and avoid the need for a jury verdict.

While it doesn’t always matter, the timing of a settlement can be strategic. Settling early could save you time and money while waiting until just before trial may sometimes push the other side to make a better offer.

Why Do Most Personal Injury Cases Settle?

The main reason most personal injury cases settle is to manage risk.

Both plaintiffs and defendants consider the uncertainties of a trial versus the benefits of settling.

Risk of Going to Trial

Going to trial involves inherent risks, such as:

 

  • Unpredictability: Jury decisions can be unpredictable, and even strong cases can be lost.
  • Time: Trials can take months or even years to resolve.
  • Public Exposure: Trials are public, which could reveal sensitive information about both parties.

Reasons for Settling

Several factors encourage parties to settle rather than go to trial:

 

  • Financial Reasons: Insurance companies may settle to avoid a bigger payout if they lose in court.
  • Quick Resolution: Both sides may prefer to settle quickly and avoid the stress of a trial.
  • Clear Evidence: Strong evidence supporting the claim tends to make settling more likely.

How Much Should I Ask for a Personal Injury Settlement?

Figuring out a fair settlement amount depends on a few key things. Current and future medical costs, as well as lost wages from missed work, are big factors. Pain and suffering, including emotional distress, can add to your claim. Strong evidence often leads to a higher offer, and if the defendant acted recklessly, it may also result in a larger settlement.

Key Takeaways

The majority of personal injury cases are settled outside of court.

A settlement can be reached at any stage, including immediately before the trial begins.

Strong evidence is a major factor in securing a higher settlement offer.

Injured in an Accident? Contact Our New York Firm Today!

If you’ve been injured in an accident that wasn’t your fault, you deserve to know your rights and options. At Field Law Group, our lawyers are here to guide you through the process and work hard to get you the best outcome.

 

Field Law Group takes cases on a contingency basis, so there are no fees unless we settle or win your case. This means you do not have to pay anything upfront; you only pay if we win you the compensation you deserve.

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