Feb 20, 2024

Do Personal Injury Cases Go to Trial?


Although most personal injury cases settle outside of court, some go to trial. What’s the difference between a settlement and a trial? Why might your case go to trial? 

Settlement vs. Trial

There are two ways to collect financial compensation in a personal injury case: in a settlement or at trial. A settlement occurs when the negligent party agrees to pay the victim, and the victim accepts. An offer may be made prior to filing a lawsuit, after a trial is underway, or even during jury deliberation. Most often, settlement offers are made before a trial ever happens. Once both parties are in agreement, the plaintiff will sign a release promising not to pursue any additional damages for the incident in question.  However, in the event you don’t reach a settlement, a court can resolve your case.

The Risks of Going to Trial

The main risk of going to trial is coming away with nothing. Chances are, between medical bills and time away from work, you’ve already lost a lot because of your injury. Often, it makes more sense to accept a settlement so you can pay bills, debt, and ensure you don’t walk away empty-handed. Also, by settling outside of court, you can avoid a lengthy trial process. Typically, cases don’t go to trial for roughly a year after filing the claim. If there are appeals, the trial itself can extend months or even years. You might not see the money you deserve for a long time, if at all.

The Advantages of Going to Trial

On the other hand, a trial may lead to more money than a settlement, as you’ll have the ability to receive full compensation. Additionally, you’ll be able to compel the defendant to pay compensation he or she might not be willing to pay in a settlement.

Contact a Personal Injury Attorney

If you’ve been injured at the hands of someone else, contact Morgan & Morgan immediately. We’ve recovered billions of dollars on behalf of our clients and have more than 800 attorneys ready to fight for your best interests. Insurance companies are scared of us because we never settle for less than your case is worth – even if it means going to court. You’ll get a full team of lawyers and legal staff on your side, ensuring the best service possible. And, there are no upfront costs. We never charge by the hour – you only pay us if we win. Discover the Morgan & Morgan difference by scheduling a free case evaluation today.