What Percentage of Personal Injury Cases Go to Trial?

In 2023 alone, 62 million injuries occurred in the U.S. These injuries amounted to 1.283 billion in costs. When these injuries are caused by another person or entity, the injured deserve to be compensated.

However, the insurance company rarely compensates injury victims willingly, which is why personal injury claims and lawsuits are filed. About what percentage of personal injury cases go to trial? Will your case go to trial? Continue reading to learn more.

Will My Personal Injury Claim Go to Trial?

The short answer? Not likely.

According to the U.S. Department of Justice, only around 5% of personal injury cases make it to trial. That means a vast majority (over 95%) of personal injury cases get resolved in a pre-trial settlement agreement. This mimics the same statistics for criminal trials, representing a current trend away from trials.

The shift toward fewer cases going to trial is largely influenced by the strategies of both plaintiff and defense attorneys, driven by several key factors:

1. Trials Typically Favor the Plaintiff

Personal injury cases fall under the umbrella of tort law. Recent statistics indicate that the plaintiff should choose the judge to decide tort cases. 66% of plaintiffs prevail in a bench trial, and 53% of plaintiffs prevail in jury trials.

2. The Type of Case Matters

Not all personal injury cases have the same outcome. If you go to trial for an auto accident claim, the statistics may favor you, depending on the evidence and the experience of your personal injury attorney. However, statistics show that the type of case can pose an unfavorable outcome for the plaintiff.

3. Trials Are Unpredictable

Trials may favor the plaintiff, but not overwhelmingly. The risk of coming away with nothing remains greater than if you settle the case.

Trials involve many variables that your personal injury attorney cannot control. The judge and jury differ for each case. Therefore, each trial is essentially unpredictable, and your case could get assigned to a judge or jury who does not sympathize with your complaint.

4. Financial Compensation May Be Less Than Expected

A personal injury settlement may not constitute a compromise where you must accept less than what your case is worth. A judge or jury may not agree with the amount you seek and reduce it. The defendant could put up a much more rigorous defense than expected, with the same result.

Sometimes, the compensation awarded during trial is less than the initial settlement offer made by the defense, pre-trial. So, it may be a gamble not to settle and take the personal injury case to court.

5. Trials Are Lengthy 

By going to trial, you give up a great deal more of your time. The number of steps involved in personal injury lawsuits is much greater than those in a settlement.

Additionally, the court system is heavily trafficked. Therefore, an assigned trial date may not be determined till far out in the future. In addition, a verdict could take months or even years to conclude.

Pros and Cons of Settling a Personal Injury Case

When deciding whether to settle or go to trial in a personal injury case, it’s important to weigh the potential advantages and disadvantages.

Pros of Settling

Settling a case can significantly reduce legal fees compared to going to trial. These cost savings can help maximize the amount of compensation you actually receive. Additionally, settlements typically resolve much faster than trials, allowing you to get paid sooner and move on with your life.

Cons of Settling

However, settling isn’t always the best option. The defendant may not offer a fair settlement, especially if they lack sufficient insurance coverage, which is common in car accident cases. In these situations, going to trial might be the only way to pursue full and fair compensation.

Even if you win a personal injury trial, the process could drag on. The defendant may file an appeal, delaying your payout by months or even years, and there’s always the risk of losing on appeal.

When Is Going to Trial the Better Option?

While most personal injury cases settle out of court, there are times when going to trial may be the best—or only—path to fair compensation. Here are key situations where heading to court could be in your best interest:

1. The Insurance Company Offers Too Little

If the defendant’s insurance company refuses to make a reasonable settlement offer, trial may be the only way to pursue the compensation you deserve. This is especially true when their offer doesn’t cover your medical expenses, lost wages, or pain and suffering.

2. Liability Is Disputed

When the other party denies fault or claims you were partially responsible for the accident, settlement negotiations can break down. In these cases, a trial allows a judge or jury to weigh the evidence and decide who is truly liable.

3. You Have Strong Evidence

If your case is backed by clear and compelling evidence, such as police reports, medical records, eyewitness testimony, or expert opinions, your chances of winning at trial may be high. Going to court could result in a higher award than you’d get from a settlement.

4. You Want to Set a Legal Precedent

Some personal injury plaintiffs choose to go to trial to expose wrongdoing or push for broader legal change. While this isn’t common, it can be an important factor in cases involving corporate negligence, product liability, or civil rights.

5. The Defendant Acts in Bad Faith

If the other side delays proceedings, refuses to negotiate fairly, or engages in deceptive tactics, going to trial can level the playing field and hold them accountable in a public forum.

What Happens Before a Trial

When settlement isn’t an option, a trial becomes imminent. Your attorney will file a complaint with the court, which could result in the defendant taking your matter more seriously. The defendant could then come back to the settlement table. This becomes more likely if you have effective legal representation.

1. Discovery Process

If a settlement is not agreed upon, “discovery” will be the next phase. This is when your personal injury lawyer will ask for evidence and data from the defendant. The defendant will seek the same.

One of the most common forms of discovery is depositions. Your accident attorney will depose witnesses and other pertinent parties. The defendant’s attorney will do the same.

2. Subpoena

Another type of discovery is the subpoena. These are used to gather documents, physical examinations, and other evidence. Subpoenas help attorneys gather evidence that would be difficult or impossible to get otherwise.

3. Pre-Trial Conference

In many states, a judge will ask the attorneys for both sides of a complaint to show up for a PTC. The plaintiff and defendant do not attend the PTC.

The judge reviews the evidence from both sides and uses that information to make certain decisions. Then, the judge will determine if mediation or arbitration applies in your particular case. This can be the case if the demand is under a certain dollar amount.

A judge at a PTC will often encourage both sides to work harder to seek a settlement instead of a trial. Once these steps conclude, and no settlement seems forthcoming, the trial will begin.

What Happens at a Trial

First, a trial date gets added to the court calendar. When you appear in court on your assigned date, expect the following:

• You decide between having a judge decide the verdict or a jury trial

• If you choose a jury, then a jury gets empaneled

• Opening statements are presented before the court by both sides

• All pertinent parties give testimony

• Closing arguments by both sides

• The jury or judge deliberates on the facts presented

• A verdict is reached and presented to the court

This should result in a final payout on your lawsuit. But should you lose in a civil trial, you can appeal the case to a higher court.

Talk to an Experienced Attorney About Your Case

The question of “Will my case go to trial?” is on practically everyone’s mind when they begin the case process.

While statistics show your case will likely not go to trial, it’s important to know what happens if it does. In order to protect your rights and improve the success of your case, consult with our top litigation attorneys with experience both in and out of the courtroom.

To schedule a free consultation with our personal injury law firm, call our legal team today at (800) 719-9779.