Will my case go to trial?

Worried about facing a courtroom battle?

You’re not alone. Many personal injury victims hesitate to file claims because they fear the stress of a trial—but here’s the truth: most cases never go to court.

In fact, the majority of personal injury lawsuits settle before trial.

Insurance companies know that juries can be unpredictable, so they often prefer to negotiate a settlement rather than risk a higher payout.

However, not all cases end with a handshake. If the at-fault party denies liability or refuses to offer a fair settlement, you may have no choice but to take your case to trial. When that happens, having an experienced trial attorney from MB Injury Lawyer is crucial.

So, will your case go to trial?

Let’s break it down and explore the factors determining whether a case settles or heads to court.

How Often Do Personal Injury Cases Go to Trial?

Most personal injury cases—over 90%—settle before trial. But what determines whether a case settles or goes to court? Several key factors influence this decision:

• Clear Liability – Insurance companies are more likely to settle quickly if the fault is obvious and the evidence is strong.
• Severity of Injuries – Cases involving catastrophic injuries or long-term disabilities often lead to higher settlement disputes, increasing the chance of trial.
• Disputed Damages – If the insurance company undervalues your medical costs, lost wages, or pain and suffering, they may refuse to negotiate fairly.
• Bad Faith Insurance Tactics – Some insurers delay claims, deny valid cases, or offer lowball settlements to pressure victims into accepting less.

Even if a lawsuit is filed, most cases are settled before trial. Attorneys often use litigation as leverage to force insurers into offering a fair settlement.

Settlement vs. Trial: What’s the Difference?

Settlement:

• Faster resolution – Most cases settle within a few months, while trials can take years to conclude.
• Less risk – A settlement provides guaranteed compensation rather than gambling on an unpredictable jury verdict.
• Lower costs – No court fees, expert witness fees, or lengthy litigation expenses.

Trial:

• Higher potential payout – Juries sometimes award larger damages than insurance companies offer.
• More time-consuming – A full trial can last months or even years before reaching a verdict.
• Unpredictable outcome – Juries can be unreliable—even a strong case isn’t guaranteed to win in court.

Most injury victims prefer settlements to avoid the stress, cost, and uncertainty of a trial—but in some cases, going to court is necessary to get full compensation.

When Does a Case Go to Trial?

While most personal injury cases settle out of court, some situations leave no choice but to go to trial. Here are the key reasons why:

The Insurance Company Won’t Offer a Fair Settlement

Insurance companies are for-profit businesses that want to pay as little as possible. If they refuse to offer a reasonable settlement or drag out negotiations, your attorney may recommend taking the case to trial. A lawsuit pressures insurers to take your claim seriously and offer a fair payout.

Liability is Disputed

If the at-fault party denies responsibility or tries to shift blame onto you, a trial may be necessary to prove their negligence. In these cases, your lawyer will present witness testimonies, surveillance footage, accident reports, and expert analysis to establish fault in court.

The Case Involves Complex Legal or Medical Issues

Certain cases—like medical malpractice, defective product claims, or catastrophic injuries—require expert testimonies and in-depth legal arguments. A jury trial may be the best way to ensure fair compensation when there are technical details, medical evaluations, or disputed facts.

The Defendant Refuses to Negotiate

Some corporations, government agencies, or reckless drivers outright refuse to settle. When the other party is unwilling to negotiate, taking the case to trial becomes the only way to hold them accountable.

What Happens If My Case Goes to Trial?

If settlement talks fail, here’s what to expect during the personal injury trial process:

1. Filing a Lawsuit – Your lawyer officially files a complaint against the at-fault party.
2. Discovery Phase – Both sides gather evidence, exchange documents, and take depositions.
3. Pre-Trial Motions & Negotiations – Attorneys may file motions to dismiss or attempt last-minute settlements.
4. Trial Begins – Opening statements, witness testimonies, cross-examinations, and evidence presentations occur.
5. Verdict & Compensation – A judge or jury determines fault and awards damages if you win.

Even after a trial starts, many cases still settle before a verdict is reached. An experienced lawyer will prepare your case to win—whether at the negotiation table or in the courtroom.

How Our Lawyers Can Help You Avoid Trial?

A skilled personal injury lawyer can increase your chances of settling by:

• Building a Strong Case – The better your evidence, the more likely insurers are to settle.
• Aggressive Negotiations – Experienced lawyers push back against lowball settlement offers.
• Using Mediation & Arbitration – These legal strategies help resolve disputes without filing a lawsuit.
• Proving Your Damages Effectively – Clear medical records, financial statements, and expert testimony make it harder for insurers to deny claims.

Wrapping It Up

Most personal injury cases settle before trial, but when insurance companies refuse to play fair, you need a legal team ready to fight. At MB Injury Lawyer, we prepare every case as if it’s going to trial—because insurance companies take strong legal teams seriously. If they don’t offer what you deserve, we won’t hesitate to fight for you in court.

Are you worried about your case going to trial? Let us handle it.

Contact MB Injury Lawyer today for a free consultation!