What Percentage of Personal Injury Cases Actually Go to Trial? A Detailed Breakdown

When someone mentions filing a personal injury lawsuit, most people think of a dramatic courtroom experience. The truth is far from it. If you're thinking, what percent of personal injury cases go to trial, the figure might shock you—it's a tiny percentage. In this blog post, we will take a closer examination of the statistics, delve into why the majority of cases settle out of court, and what it will mean for you if you are involved in a personal injury case. 

Personal Injury

How Many Personal Injury Cases Actually Go to Trial?

Statistically, a mere 3% to 5% of personal injury cases in the United States actually get tried. That leaves more than 95% being settled by the parties involved without ever seeing the inside of a courtroom. It doesn't matter if it is a car accident, slip-and-fall, or medical malpractice claim, the vast majority of them are settled between the parties.

Key Statistics:

  • 3% to 5% of personal injury cases go to trial.
  • 95% to 97% are disposed of by settlements.
  • Most settlements take place during pre-trial negotiations or mediation.

Why Do So Few Personal Injury Cases Go to Trial?

There are a number of reasons that contribute to the extraordinarily high rate of settlement of personal injury cases:

1. Cost Savings

  • Trials are costly, involving attorney fees, court fees, expert witness fees, etc.
  • Settling is cost-saving for both the defendant and the plaintiff.

2. Time-Saving

  • It may take months or years to complete a trial.
  • Settlements can be accomplished within weeks or a few months, providing quicker resolution.

3. Risk Avoidance

  • Trials are uncertain.
  • Settlements provide a certain result instead of having it decided by a judge or jury.

4. Privacy Concerns

  • Trials are of public record.
  • Settlements are possible to keep confidential, which is of interest to both parties.

What Happens During the Settlement Process?

Knowing the settlement process can make you feel more confident if you're claiming personal injury. Here's a simplified overview:

  • Investigation: Both sides collect evidence like medical bills, witness accounts, and expert reports.
  • Negotiation: Lawyers negotiate a reasonable settlement from evidence and damages.
  • Mediation: If negotiations are stuck, an impartial third-party mediator can assist both parties in reaching an agreement.
  • Settlement Agreement: When both sides come to an agreement, they sign a legal contract detailing the terms.
  • Payment: Compensation is paid to the plaintiff, and the case is closed.

When Do Cases Typically Go to Trial?

Cases are more likely to go to trial in certain situations, including:

  • Disputed Liability: When the defendant refuses to accept liability, the case might go to trial.
  • Disagreement Over Compensation: When the two parties cannot agree on adequate compensation, a jury might decide.
  • High-Profile Cases: Certain cases are of public interest or large companies that want to battle claims.

Advantages and Disadvantages of Going to Trial

Advantages:

  • Chances of greater compensation.
  • Public acknowledgment of wrongdoing.
  • Jury sympathy can work in the plaintiff's favor.

Disadvantages:

  • Longer time frame.
  • Increased legal fees.
  • No outcome is assured.

What This Means for You?

If you are making a personal injury claim, knowing how many personal injury cases go to trial can help you have more realistic expectations. The chances are with you for settling out of court, which is typically quicker, less costly, and less stressful. Nevertheless, each case is different, and some will need litigation in order to achieve an equitable result.

Wrapping Up

Though the courtroom may be the obvious end to a dispute in a legal matter, most personal injury lawsuits never enter the courtroom. With only 3% to 5% of personal injury cases ever being tried, it's easy to see that settlement is the pathway of choice for most. Whether your case settles or goes to trial, having a skilled personal injury lawyer represent you is sure to protect your rights and provide you with the compensation you are entitled to.what percent of personal injury cases go to trial

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