If you’ve been hurt in an accident, the thought of going to court may feel overwhelming. Many people picture long trials, stressful cross-examinations, and months of waiting. The truth is, most personal injury cases in the U.S. never make it to a courtroom. Instead, they’re resolved through negotiation and settlement.
But that doesn’t necessarily mean you won’t have to go to court to get the compensation you deserve.
Most Personal Injury Cases Settle Out of Court
It may surprise you to learn that about 95% of personal injury cases filed in court are settled before trial. This means the majority of injury victims never step into a courtroom.
Settling outside of court has several advantages for both sides:
- It’s faster. Trials can take months or even years, while settlements often resolve much sooner.
- It’s less stressful. You avoid the stress of testifying in court and the uncertainty about the outcome.
- It’s more predictable. Unlike a jury trial, where results can be uncertain, both sides know exactly what the outcome will be.
- It’s private. Settlements are usually confidential, while trials become part of the public record.
- It’s more affordable. When a case goes to court, both sides will be facing much higher legal costs. For plaintiffs, the higher cost reduces the amount of a potential recovery. For defendants, legal costs may even exceed the damages being sought.
A personal injury lawsuit is usually not filed until negotiations fail.
When a Case May Go to Court
Even though most cases settle, there are situations where going to court becomes likely.
You may need to go to court if:
- The insurance company denies liability and refuses to pay
- The settlement offer doesn’t come close to covering your losses
- The other party disputes how badly you were injured
- There are questions about who was at fault
- The insurer uses delay tactics or tries to pressure you into taking less than you deserve
In these cases, filing a lawsuit and going to trial may be the only way to secure fair compensation.
What Happens if You File a Lawsuit?
Filing a personal injury lawsuit doesn’t mean you’re automatically headed for trial. Many cases that start with a lawsuit are still settled before a jury ever hears them.
The legal process usually looks like this:
- Filing the complaint. Your lawyer files a formal lawsuit against the at-fault party.
- Discovery. Both sides exchange evidence, documents, and witness statements. Information may be requested through interrogatories and depositions.
- Motions and hearings. The court may address issues like evidence disputes or legal arguments.
- Negotiations and mediation. Even after filing suit, both sides typically continue trying to reach a settlement.
- Trial. If no agreement is reached, your case goes to trial, where a judge or jury decides the outcome.
This process can take many months. The case may still be settled at any point before the trial begins.
Going To Court May Be the Best Choice
While the idea of trial may seem daunting, it does have potential benefits such as:
- The chance of a higher payout if the jury sides with you
- The ability to seek punitive damages if they are available in your case
- The ability to hold the negligent party publicly accountable
- A sense of closure when the court rules in your favor
Your attorney will help you make informed decisions throughout your case. They may advise you that going to court is the right choice if the other side is unwilling to reach a fair agreement, or they think you have a strong case.
There are downsides to trial, however. The process is expensive and time-consuming. It may take years to resolve your case and receive the money you are counting on. Whether you are in Bakersfield, CA, or in Dallas, TX, most personal injury attorneys charge higher rates for cases that go to trial because these cases require more time and resources.
Preparing for the Best Path to Resolution
While most personal injury cases never see a courtroom, some disputes require a trial to achieve fair results. By knowing when court may be necessary and what the process involves, you can better prepare, weigh your options, and choose the path that offers the best chance for a fair outcome.
