When you're recovering from an injury, the idea of going to court can be intimidating. Many people assume that filing a personal injury claim automatically means a drawn-out trial, but that’s not always the case. In reality, most claims are resolved outside the courtroom. Whether or not you end up in court depends on a mix of factors including the strength of your case, the willingness of the parties to negotiate, and the strategies your attorney employs.

Most Personal Injury Claims Settle Before Trial

The vast majority of personal injury cases are resolved through settlement, not litigation. According to the U.S. Department of Justice, only about 3 to 5 percent of personal injury claims ever make it to trial. This means more than 90 percent are resolved through negotiated agreements between the parties involved.

Why Settlements Are Preferred

Settlements are typically faster, less expensive, and less stressful than going to court. Both parties avoid the unpredictability of a jury decision and retain more control over the outcome. For the injured party, this can mean receiving compensation much sooner—sometimes within months instead of years.

Insurance companies, too, often prefer settlement. Trials are costly, time-consuming, and uncertain. If they believe the injured party has a strong case, they may offer a fair settlement to avoid the risk of a higher payout in court.

When a Personal Injury Claim Might Go to Court

While most claims settle, there are situations where litigation becomes necessary. Understanding the triggers that may send your case to court can help you prepare and decide how to proceed.

Disputed Liability

If the defendant or their insurance company refuses to accept fault, a lawsuit may be the only path to resolution. This is common in multi-vehicle accidents, slip and falls with limited evidence, or incidents where liability is unclear or contested.

Low Settlement Offers

Sometimes, insurers offer significantly less than what your claim is worth. If negotiations stall or the insurance company refuses to negotiate in good faith, your attorney may recommend filing a lawsuit to pursue full compensation.

Disagreements Over Damages

Even if the other party accepts fault, they might disagree with the amount you’re claiming for medical expenses, lost income, or long-term disability. If expert opinions vary significantly or your injuries are severe and ongoing, it may be necessary to go to trial to secure a fair outcome.

Stages of a Personal Injury Claim Before Court

Going to court is a last resort, and there are several steps before a trial becomes necessary. Here’s how most personal injury claims unfold:

1. Medical Treatment and Documentation

The process begins with getting proper treatment and documenting your injuries. Medical records play a central role in determining the value of your case.

2. Investigation and Claim Filing

Your attorney will gather evidence, interview witnesses, and build your case. They’ll then file a claim with the at-fault party’s insurer, outlining the injuries, damages, and compensation sought.

3. Settlement Negotiations

Once the insurer receives your claim, negotiations begin. This phase may involve multiple offers and counteroffers. Skilled attorneys often secure favorable settlements by presenting compelling evidence and using expert opinions to back up your damages.

4. Filing a Lawsuit (If Needed)

If a settlement can’t be reached, your attorney may file a lawsuit. However, even after filing, the case can still settle before reaching the courtroom.

5. Discovery Phase

Both sides exchange evidence, including documents, medical records, and witness statements. Depositions may be taken. This stage often clarifies the strength of each side’s case and can lead to a renewed push for settlement.

What Happens If Your Case Goes to Trial?

If your case makes it to trial, it will be heard before either a judge (bench trial) or a jury. Each side will present evidence and call witnesses. After both sides have made their arguments, a decision will be issued. If you win, the court may award damages based on your documented losses and applicable laws in your state.

Duration and Complexity

A trial can take several days to weeks, depending on the complexity of the case. Preparation can take months. This longer timeline is one reason many plaintiffs opt for settlement unless the trial is necessary to achieve fair compensation.

Pros and Cons of Going to Court for a Personal Injury Case

Pros:

• Potential for a higher payout, especially if punitive damages are awarded.
  
• Opportunity for public acknowledgment of wrongdoing.
  
• Can establish legal precedent in unique cases.
  

Cons:

• Longer wait for compensation.
  
• Risk of receiving less than what was offered in settlement—or nothing at all.
  
• Emotional stress and the time commitment of attending trial proceedings.
  

Tips to Avoid Going to Court

If you’re hoping to avoid trial, there are strategic steps you and your attorney can take:

• Build a strong case early: Well-documented injuries and clear evidence of fault make it harder for insurers to argue against your claim.
  
• Remain patient in negotiations: Quick settlements are tempting but may undervalue your case.
  
• Hire experienced legal representation: A knowledgeable personal injury attorney can anticipate obstacles, pressure insurers to settle, and prepare for trial only when truly necessary.
  

Your Role in the Process

You play a vital part in how your case unfolds. From seeking prompt medical care to staying consistent in your communication and documentation, your actions influence the timeline and direction of your claim. Trust your attorney’s guidance, but remain informed and involved.

Conclusion

Going to court for a personal injury claim is not inevitable. Most claims settle well before trial, especially when supported by strong evidence and sound legal strategy. However, if fair compensation isn’t offered, pursuing a lawsuit may be the right path. Understanding the possibilities and preparing early puts you in the best position—whether your case is resolved across a table or in front of a judge.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Personal Injury Claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.