If you’ve been hurt in an accident and are thinking about filing a personal injury claim, one of the first questions you might ask is, “Will my case go to trial?” The answer depends on several factors, but the good news is that most personal injury cases settle out of court.
Trials are typically the last resort in the legal process. Many cases are resolved through negotiation, mediation, or settlement discussions long before a trial date is set. Still, it’s helpful to understand when a trial might be necessary and what the process involves.
Why Most Personal Injury Cases Don’t Go to Trial
While every personal injury case is unique, most share a common goal: to resolve the matter as efficiently as possible while still achieving a fair outcome.
Here are some reasons why most cases are settled before trial:
- Faster resolution: Trials can take months or even years, while settlements can be reached in weeks.
- Lower costs: Avoiding court means fewer legal fees and expenses.
- Less stress: Settling eliminates the unpredictability of a trial.
For instance, in many car accident cases, insurance companies prefer to settle to avoid prolonged litigation. Those involved in pedestrian or bicycle accidents may also reach early resolutions when fault is clear.
Situations That May Lead to a Trial
Although most cases settle, some situations make a trial more likely. These include:
Disputes Over Liability
If the other party denies responsibility or blames you for the accident, it may be harder to reach an agreement. For example, in multi-vehicle collisions or cases involving comparative negligence, it may take a judge or jury to sort out who was at fault.
Disagreements on Damages
Sometimes the parties agree on who caused the accident, but not on how much the injured person should be paid. This is common in catastrophic injury cases where future medical costs or lost earning potential are disputed.
Unreasonable Settlement Offers
If the insurance company refuses to offer a fair settlement agreement, your attorney may recommend taking the case to trial to pursue the full value of your claim.
In cases involving serious injury, like traumatic brain injuries or spinal cord damage, it’s not unusual for the stakes to be too high for either party to compromise easily.
What Happens if Your Case Goes to Trial?
Going to trial means your case will be decided by a judge or jury in court. Here’s what typically happens:
- Filing a lawsuit: Your attorney files a formal complaint with the court.
- Discovery phase: Both sides exchange evidence and interview witnesses.
- Pre-trial motions: Lawyers may ask the court to exclude evidence or dismiss parts of the case.
- Trial: Each side presents its case, including testimony, expert opinions, and exhibits.
- Verdict: The judge or jury makes a decision about liability and compensation.
While this process can seem overwhelming, your legal team will prepare you every step of the way. Resources on what to expect during a trial or strategies for maximizing your recovery can often help clarify the process for first-time plaintiffs.
How Long Does a Personal Injury Trial Take?
The length of a trial varies depending on the complexity of the case. Some trials last only a few days, while others can stretch across several weeks. Preparing for trial also takes time, often several months, especially in cases that involve extensive medical treatment or multiple expert witnesses.
Can You Settle After Filing a Lawsuit?
Yes. Even after filing a lawsuit, you can still settle at any time before the trial ends. In fact, many cases settle after a lawsuit is filed and even during the trial itself.
Filing a lawsuit can sometimes motivate the other side to make a better offer. It shows that you’re serious and willing to fight for what’s fair. Mediation and arbitration are also common alternatives that can lead to resolution without a courtroom verdict.
Will You Need To Testify in Court?
If your case goes to trial, there’s a chance you’ll need to testify. Your attorney will prepare you ahead of time so you know what to expect and how to respond confidently. Being honest and staying calm can go a long way in helping jurors understand your side of the story.
Contact a Dallas Personal Injury Lawyer for a Free Consultation
Whether your case settles quickly or heads to court, having the right legal support can make all the difference. The team at Benton Accident & Injury Lawyers is ready to help you understand your options, prepare for the next steps, and fight for full compensation.
Contact us through our website or call (214) 556-8321 today for a free consultation. Let our Dallas personal injury lawyers answer your questions and guide you through the legal process with confidence.