How Many 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.

 

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.