Do All Personal Injury Claims End Up in Court?

Although it may seem like every injury case ends up in court on TV or in movies, that is not the case in real life. Most claims settle before a lawsuit is even filed. Once a lawsuit is filed, roughly 95% of pending lawsuits settle.

This means only one in 20 personal injury cases actually goes to trial before a judge or jury. Although most attorneys prepare every case as if it will be tried, this level of preparation is often used as a strategy to secure a favorable settlement.

Deciding Whether to Go to Trial

When cases do go to trial, it is usually because settlement efforts have failed. In other cases, the injured party may choose to go to court for personal or public reasons. For example, a victim of a defective product may want to pursue a trial to raise awareness and force changes in how a company designs or manufactures its products.

However, going to trial can be time-consuming, costly, and emotionally draining. Victims often must relive painful memories in open court. That’s why many prefer to resolve their cases through settlement.

Potential Negatives of Going to Trial

Even with a strong case, going to trial is never a sure thing. A courtroom verdict is always unpredictable, and victims risk receiving nothing at all. Here are other important drawbacks to consider:

• Delayed Compensation: Preparing a case for trial can take months or years. Victims often have immediate financial needs and can benefit from the quicker payouts that settlements provide.

• Appeal Rights: Trials allow for appeals, which can extend the process by months or even years. In contrast, settlements are final and typically not subject to appeal, providing closure.

• Cost of Litigation: Trials can be expensive. Even if your attorney is working on a contingency fee, additional costs like expert witnesses or court fees can be substantial. These costs are usually deducted from your recovery.

The Bottom Line

Deciding whether to go to trial or settle is a highly personal decision. Every case is different. Your personal injury attorney will help you weigh the pros and cons, understand your options, and make the best decision for your situation.