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Will My Case Go to Trial?

Find out how often personal injury cases go to trial.

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July 22, 2025Briana Seftel

Daniel Kim explains how often personal injury cases go to trial rather than settle through negotiations.

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    How Often Do Personal Injury Cases Go to Trial?

    Most personal injury cases do not go to trial. In fact, estimates suggest that over 90% to 95% of these cases are resolved through settlements outside of court. Trials can be time-consuming, expensive, and unpredictable for both plaintiffs and defendants. That’s why parties often prefer to reach a negotiated agreement before a case ever reaches a courtroom.

    There are several reasons why a case may settle instead of going to trial. Insurance companies often want to avoid the costs and risks of litigation. Plaintiffs, especially those dealing with medical bills and lost income, may prefer a faster resolution. An experienced personal injury attorney can leverage strong evidence and expert evaluations to push for fair compensation during the negotiation phase, avoiding the need for court entirely.

    However, some cases do go to trial, particularly when liability is disputed or the settlement offer is unreasonably low. A trial may also be necessary when the injury has long-term consequences that the defendant refuses to acknowledge or compensate fairly. While trials can result in larger awards, they also come with the risk of getting nothing if the jury rules against the plaintiff.

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