The personal injury law market is believed to exceed the value of $61.7 billion. About 27 million personal injury cases are filed on an annual basis, with approximately 95% of these cases being resolved through pretrial settlements. These statistics depict that these injuries are of common occurrence, so it would benefit an individual to have knowledge of how to deal with the legal issues relating to them.
People broadly believe that when one files a personal injury lawsuit, it will be heard in the courtroom itself. Unfortunately, this assumption does not reflect the reality of the legal procedure, as most personal injury cases settle without going to trial. Some cases involve significant damage and lead to courtroom trials.
According to Charlotte personal injury lawyer T. Spencer Morrow, it only takes an instant for someone to cause you or a loved one to suffer a personal injury, and afterward, you may not know what you can do to properly recover.
Let’s learn how often personal injury cases go to trial in case you experience a similar situation in the future.
The Actual Trial Rate and What the Statistics Mean
Data from the Bureau of Justice Statistics shows that no more than 3 percent of tort cases go to a full-blown courtroom trial. The trajectory in the vast majority of tort cases heads toward a settlement, which results in the case being dismissed before it reaches the trial stage. It is sometimes misleading to claim that most cases are settled when, in truth, the rate of resolution after dismissal or through other means of case management is higher than that achieved by settlement.
The distinction matters to any plaintiff evaluating a case. A settlement is an agreement in which the defendant pays the plaintiff an agreed amount in exchange for releasing the claim. A dismissal, whether voluntary or involuntary, is not a settlement. Summary judgment in favor of the defendant is not a settlement.
An arbitration that turns out to be unfavorable is not really a settlement. These outcomes can be described as “not going to trial," but they still lead to very different results for people when someone is injured.
When lawyers say that most cases settle, they usually refer to those with substantial claims for liability and damages. Some other cases may be dismissed for lack of proof. Other cases have damages that do not justify the cost of a lawsuit.
Why So Few Cases Go to Trial
How often do personal injury cases go to trial? Trial rates are low across all civil litigation for structural reasons that have nothing to do with the merits of any individual case. Trials are expensive, time-consuming, and unpredictable in outcome. Both plaintiffs and defendants have attorneys who manage costs and risk. These parties typically prefer a known result over an uncertain one.
Defense Perspective
Insurance companies and self-insured defendants calculate expected value. The cost of preparing for and conducting a trial, combined with the risk of a substantial jury verdict, creates financial pressure toward settlement. This situation is particularly true in cases where liability is reasonably clear and damages are significant. Even cases that the defendants would likely win at trial may be worth settling if their legal fees to defend through verdict exceed the settlement value.
Plaintiff Perspective
The defendants and their lawyers also make a similar decision. Since most personal injury lawyers charge on a contingency basis, settling means receiving a certain sum of money compared to going to court, where there is a chance of getting nothing. It makes sense to settle if the compensation offered is reflective of the damages suffered.
Timeline Pressure
Lawsuits can be lengthy. For instance, personal injury cases usually take several years before coming to court. The settlement allows victims in need of funds for their expenses and other needs to get their money sooner.
The Cases That Do Go to Trial
Disputed Liability
Trial can be suitable for cases where liability is contested or there are doubts regarding the facts of the case. A case would likely go to trial if both parties are partly at fault and each party has a different perspective on how the conduct should be viewed. The jury's determination of what occurred and who was at fault cannot be substituted.
Significant Damages With Valuation Disputes
When there are catastrophic injuries, enduring impairment, or a wrongful death involved, the calculation of damages can swing by orders of magnitude. It really depends on what the plaintiff is seeking versus what the defendant is willing to offer.
If the gap between what the insurer is proposing in settlement and the plaintiff’s own estimate of lost lifetime earnings becomes too wide to reconcile through negotiation, then trial is the main route for the plaintiff to obtain the recovery they believe is justified. Trial would also commence the ongoing long-term care needs and the non-economic harm damages cannot be sufficiently covered by the insurance policy.
Policy Limits and Coverage Disputes
When there is a question of whether the defendant has coverage from the insurance company, it could require a trial to determine the liability of the defendant and provide a reason to claim damages greater than the limits of the policy.
What Plaintiff Success Rates at Trial Actually Tell You
The common reference made to the 50% success rate for plaintiffs in personal injury litigation refers specifically to those cases going to trial and not to all claims filed since those represent an unrandom sample.
Data from Bureau of Justice Statistics reveal that the chances of winning vary depending on the type of case: around 61% for motor vehicle torts, 39% for premises liability, 38% for product liability, and around 19% for malpractice cases. This discrepancy stems from the statistics being based on cases that actually proceed to trial.
Most cases settle when there is a clear liability or evidential basis for the trial. Meanwhile, cases that go to or reach trial mostly have liability or damages as issues for contention. These issues reduce the likelihood of the plaintiff emerging as the winner. Keep in mind that these tendencies are never absolute, even for cases that reach trial.
What Drives the Settlement Decision in Practice
Deciding whether to settle a case out of court or to take legal action is a difficult task. The decision encompasses taking a look at more than just one element. For example:
- How strong is the liability proof? Is fault reasonably clear, or is it genuinely argued back and forth?
- How good and complete is the damages record? Are the medical costs fully lined up, lost earnings actually established, and any future care needs supported with expert views?
- What about the defendant’s insurance coverage? Is there enough money to collect? If the defendant is meaningfully underinsured, what other routes to recovery exist beyond the policy caps?
- Where does the present offer sit compared to a realistic trial range? Is it roughly where a jury might end up? Take into account the expense and the obvious risk of trying to reach the particular amount.
- Does the plaintiff have the financial resources and emotional strength to continue with litigation? Keep in mind that the trial may last for years.
Settlement negotiations should occur when there is evidence of damages and the case is ready for trial. Good preparation always translates into better offers than bad preparation or early settlement.
Trial Is the Exception; Preparation Is the Standard
A low percentage of trials in personal injury cases is indicative of the fact that legal action is costly and the outcome is never certain for either party involved. This outcome does not imply any inherent bias against the defendant nor any assumption regarding the quality of cases. A majority of the cases that don’t go to trial end up settling out of court.
The effectiveness of the case presented in the process of investigations and trials mainly determines the results of settlement negotiations. Well-prepared cases usually receive better terms. The low percentage of trials can be explained by the fact that well-prepared cases lead to settlement.
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