When pursuing a personal injury claim, one of the biggest concerns for victims is whether their case will go to court. The majority of personal injury cases settle before reaching trial, as settlements are often faster, less stressful, and less expensive. However, some cases require litigation to secure fair compensation.
In this guide, we’ll explore the factors that determine whether a personal injury case goes to court, the settlement process, and what to expect if litigation becomes necessary.
1. What Factors Determine If a Case Goes to Court?
While most personal injury cases settle, some may proceed to trial due to the following factors:
- Unfair settlement offers – If the insurance company offers a settlement that doesn’t fully cover your medical bills, lost wages, and other damages, your attorney may advise rejecting the offer and pursuing litigation.
- Disputed liability – If the at-fault party denies responsibility or their insurance company argues that you share some blame, proving fault in court may be necessary.
- Severe injuries and high damages – In cases involving significant injuries and substantial compensation claims, insurance companies may be unwilling to pay a fair amount, leading to a trial.
- Bad faith insurance practices – Some insurers use delay tactics, deny valid claims, or act unfairly. If negotiations fail due to these practices, litigation may be the best course of action.
- Strong supporting evidence – If your case has strong evidence, such as eyewitness testimony, expert opinions, and medical records, it may be worth taking to court to seek the maximum compensation.
Your attorney will assess these factors and help you decide whether settling or going to trial is in your best interest.
2. How Often Do Personal Injury Cases Go to Trial?
Statistically, only a small percentage of personal injury cases—around 5% or less—go to trial. The rest are resolved through settlements. Settling outside of court is often preferable because:
- It saves time—trials can take months or even years.
- It reduces legal expenses.
- It eliminates the uncertainty of a jury decision.
- It allows you to receive compensation faster.
However, if a fair settlement isn’t possible, your attorney will be prepared to represent you in court.
3. What Happens If the Insurance Company Offers a Low Settlement?
Insurance companies often make low initial settlement offers. If you receive an offer that doesn’t fully cover your damages, you have a few options:
- Negotiation – Your attorney will counter the offer and provide evidence to justify a higher amount.
- Mediation – A neutral third party may help both sides reach a fair agreement.
- Litigation – If negotiations fail, filing a lawsuit may be necessary.
It’s essential to work with an experienced personal injury attorney who understands how to push back against unfair settlement offers.
4. How Does Disputed Liability Affect My Case?
If the at-fault party or their insurer disputes responsibility for the accident, your case may need to go to court. Disputed liability can arise when:
- The insurance company argues that you were partially or fully responsible.
- There is conflicting witness testimony.
- There is limited or unclear evidence of fault.
In these cases, your attorney will gather and present evidence, such as accident reports, medical records, expert testimony, and surveillance footage, to prove liability and secure fair compensation.
5. Will My Attorney Help Me Decide Whether to Settle or Go to Trial?
Yes. A skilled personal injury attorney will analyze your case, evaluate settlement offers, and advise you on whether accepting a settlement or pursuing a trial is the better option. They will consider:
- The strength of your case.
- The potential settlement amount vs. the possible court award.
- The time and cost of a trial.
- The likelihood of winning at trial.
Your attorney will ensure you understand your options and help you make the best decision for your case.
6. What Are the Benefits of Settling vs. Going to Trial?
Each approach has advantages and drawbacks:
- Benefits of Settling:
- Quicker Resolution: Settlements typically take weeks to months, while trials can extend for years.
- Guaranteed Compensation: Unlike unpredictable jury verdicts, settlements ensure a definite payout.
- Less Stress: Settling avoids court appearances, testimony, and the uncertainties associated with trials.
- Drawbacks of Settling:
- Potential for Lower Compensation: Settlements may result in less compensation compared to a favorable court verdict.
- Pressure from Insurers: Insurance companies might push for a lower settlement than what you deserve.
- Benefits of Going to Trial:
- Higher Compensation Potential: If the jury rules in your favor, the awarded compensation can be significantly higher.
- Accountability: Trials provide an opportunity to hold the at-fault party fully accountable for their actions.
- Drawbacks of Going to Trial:
- Uncertainty of Outcome: There is no guarantee of winning at trial.
- Extended Legal Process: Trials are often lengthy and involve higher legal costs.
Your attorney will weigh these factors and guide you toward the best strategy for your case.
Conclusion
While most personal injury cases settle outside of court, there are circumstances where going to trial is necessary to achieve fair compensation. If you’re facing an unfair settlement, disputed liability, or an insurance company acting in bad faith, litigation may be the best option.
A knowledgeable attorney can help you navigate negotiations, evaluate your options, and represent you in court if needed. If you have questions about your personal injury claim, contact Williams DeLoatche, P.C. for a free consultation with an attorney at 757-547-5555 to discuss your case and determine the best path forward.