Will Your Personal Injury Case Go to Trial?

Most personal injury cases never go to trial. Instead, personal injury cases often settle out of court to save the parties time and money. Injury victims and insurance companies both have incentives to settle personal injury cases. Settlements get injured victims financial compensation more quickly than waiting for trial. Insurance companies benefit from eliminating the cost of litigation and the risk that a jury verdict may award the injured victim even more compensation than the insurance company offered in a settlement. Of course, the injured victim also avoids the risk that a jury finds the opposing party not liable.

However, circumstances that may lead to a trial in a personal injury case include:

  • The opposing party firmly believes they will win the case.
  • The parties cannot agree on compensation for a settlement because they disagree over the extent of the injured party’s losses or the allocation of fault between the injured party and the defendant.
  • An injured party wants to hold a defendant publicly accountable for their actions.