If you’re asking, “Why is my personal injury case going to trial?”—you’re not alone, and it’s a smart question to ask. The reality is that most personal injury claims settle before ever reaching a courtroom. In fact, more than 90% of cases are resolved out of court. So when your case heads to trial, it can feel unexpected—even overwhelming.

But sometimes, a fair settlement just isn’t possible. Disagreements over who was at fault, how much your damages are worth, or an insurer’s refusal to negotiate in good faith can all drive a case toward trial. And when the injuries are serious and the stakes are high, going to court may be the only way to pursue the compensation you deserve.

In this article, we’ll break down the most common reasons personal injury cases go to trial and explain what the trial process involves. Whether you’re trying to understand the purpose of a trial or why your case didn’t settle, we’ll help you prepare for what comes next.

What Is a Personal Injury Trial?

A personal injury trial is a formal legal process where a dispute between an injured plaintiff and a defendant (usually an individual, business, or insurance company) is resolved in court. When a case goes to trial, it means that the parties couldn’t agree on a settlement and now a judge or jury must decide the outcome.

During the trial, both sides present evidence, legal arguments, and witness testimony. The plaintiff’s legal team will work to prove that the defendant was negligent and that their actions directly caused the injury. The defense will likely try to minimize fault, challenge the severity of the injuries, or argue that the plaintiff shares some responsibility.

Trials can be decided by a judge (bench trial) or a jury (jury trial), depending on the case and jurisdiction. Regardless of who decides, the goal remains the same: to reach a fair and lawful judgment based on the facts presented.

So, what is the purpose of a trial in personal injury law? Simply put, it’s to ensure that disputes are resolved in a structured and impartial setting—especially when both sides cannot agree on fault, damages, or liability. While most cases never reach this stage, knowing what a trial entails helps you better prepare if yours does.

Why Do Personal Injury Cases Go to Trial?

While most personal injury claims are settled out of court, some proceed to trial when negotiations fail. So, do personal injury cases go to trial? Yes—but it’s relatively rare. Trials typically happen when one or more of the following issues make settlement impossible:

1. Disputed Liability

One of the most common reasons a case goes to trial is because the parties disagree on who is at fault. If the defendant or their insurer denies responsibility—or argues that the plaintiff shares significant blame—the matter often needs to be resolved in court.

2. Disagreement on Damages

Even when liability is clear, parties may clash over the value of the claim. If an insurer believes the injuries are minor or challenges long-term impact, they may offer less than the plaintiff believes is fair. A trial lets a judge or jury decide what the compensation should be.

3. Lowball Settlement Offers

Sometimes, insurers make offers that are too low to be considered reasonable. Plaintiffs may feel pressured to accept just to move on—but those who stand firm may take the case to trial in pursuit of full and fair compensation.

4. Bad Faith from Insurers

In rare cases, insurance companies act in bad faith—stalling the process, misrepresenting policy terms, or deliberately undervaluing a claim. These tactics can push plaintiffs and attorneys to pursue justice through the courts instead of accepting unfair treatment.

5. Precedent-Setting or High-Value Claims

Some personal injury lawsuits involve large financial stakes or legal issues that could set a precedent for future cases. These situations are more likely to go to trial, especially when one side wants a clear legal ruling to shape how similar claims are handled going forward.

Ultimately, trials occur when compromise isn’t possible—or when standing up for justice requires it. While they add time and complexity, they can also result in more accurate and equitable outcomes for injured plaintiffs.

What Percentage of Personal Injury Cases Go to Trial?

If you’re wondering how many personal injury cases go to trial, the answer might surprise you: very few. According to data from the U.S. Department of Justice and other court research studies, less than 5% of personal injury cases ever make it to trial. In fact, some estimates suggest that as few as 2–4% of these claims are ultimately decided in front of a judge or jury.

So, what percentage of personal injury cases go to trial? The overwhelming majority—over 90%—are resolved through pre-trial settlements. These negotiations often occur between the plaintiff’s attorney and the insurance company representing the defendant. Mediation or arbitration may also be used to facilitate resolution outside of court.

For most plaintiffs, this is good news. Trials can be lengthy, expensive, and emotionally taxing. Settlements, on the other hand, allow for quicker compensation and more control over the outcome. They also reduce legal fees and avoid the unpredictability of a jury decision.

That said, the small percentage of cases that do proceed to trial usually involve complex disputes—such as contested liability, high-value damages, or insurance bad faith. If your case is headed to court, it doesn’t mean something has gone wrong. It likely means your attorney believes a fair resolution can only be reached through the legal process.

Understanding these statistics can help set realistic expectations. While your legal team will likely push for a fair settlement first, they’ll also be prepared to take your case to trial if necessary.

Why Is Your Personal Injury Case Going to Trial?

Wondering why your personal injury case is going to trial when most claims settle out of court? You’re not alone. While the vast majority of personal injury cases resolve through negotiation, a small percentage end up in the courtroom—usually because a fair settlement couldn’t be reached.

So, why do personal injury cases go to trial? It typically comes down to contested liability, disputes over damages, or an insurer’s unwillingness to negotiate in good faith.

Below are some of the most common reasons a case moves beyond settlement and heads to trial.

1. Fault Is Unclear or Contested

One of the most frequent reasons personal injury cases go to trial is disputed liability. If the defendant’s insurance company refuses to accept fault—or claims you were partially or wholly responsible—the case can’t move forward to settlement. In such situations, only a judge or jury can determine who was at fault and to what degree.

2. Medical Causation Is Challenged

Sometimes insurers don’t dispute that an accident happened—but they do question whether your injuries were caused by that event. If there are pre-existing conditions, gaps in treatment, or disagreements about the severity of your injuries, the defense may refuse to offer fair compensation. Trial becomes the venue where expert witnesses testify to prove causation and damages.

3. The Insurance Company Denies or Delays Payment

Insurers are notorious for delaying legitimate claims or denying them outright in hopes of wearing down plaintiffs. If your attorney believes the company is acting in bad faith—by ignoring evidence or offering unreasonable delays—filing a lawsuit and preparing for trial is often the only way to hold them accountable.

4. You Refuse a Lowball Settlement Offer

Another reason your case may go to trial is your rightful refusal to accept an unreasonably low settlement. If the offer doesn’t cover your medical bills, lost income, or pain and suffering, and the insurer won’t negotiate in good faith, proceeding to trial might be the only way to pursue the compensation you deserve.

5. You’re Seeking Full and Fair Compensation

Finally, high-stakes or high-value claims—especially those involving permanent injuries, disability, or long-term care—may require a judge or jury to determine appropriate damages. In these cases, going to trial ensures that every aspect of your suffering is heard, considered, and valued accordingly.

Going to trial can feel intimidating, but it doesn’t mean your case is weak. Rather, it often signals that you’re standing firm for what’s fair—and that your legal team is prepared to fight for full justice.

What to Expect If Your Personal Injury Case Goes to Trial

A trial may not have been your first expectation, but it doesn’t have to be a black box. Understanding how the process works can help you navigate it with more clarity and control.

1. The Trial Process: Step-by-Step

Here’s a breakdown of the major phases of a typical personal injury trial:

• Jury Selection (Voir Dire): The process begins with selecting unbiased jurors. Both sides—your attorney and the defense—can question potential jurors and eliminate those who may show bias.
  
• Opening Statements: Once the jury is in place, each side presents an overview of the case. Your attorney outlines the evidence and what they aim to prove, while the defense lays out its position.
  
• Witness Testimony and Cross-Examination: This is the heart of the trial. You, your medical providers, eyewitnesses, and expert witnesses may testify to support your claims. The defense will also present its own witnesses. Both sides can cross-examine each witness.
  
• Closing Arguments: After all testimony is heard, each side summarizes their case. This is the last opportunity to persuade the jury.
  
• Jury Deliberation and Verdict: The jury then goes into deliberation to weigh the evidence and decide whether the defendant was liable—and, if so, how much compensation you should receive.

2. Timeline: From Pre-Trial to Verdict

A trial isn’t a one-day event. It’s the result of months—sometimes years—of preparation. Here’s a rough timeline:

• Pre-Trial Motions and Discovery: Before trial begins, both sides exchange information (called “discovery”) and file motions regarding what evidence can or cannot be presented.
  
• Trial Duration: The trial itself may last several days or even weeks, depending on the complexity of your case.
  
• Post-Trial Motions and Appeals: Even after a verdict, there could be appeals or motions that extend the timeline.
  

While each case is different, most personal injury trials take several months to reach a conclusion after litigation begins.

3. Emotional and Financial Considerations

Going to trial can be emotionally taxing. You may need to testify, relive painful memories, or sit through testimony that challenges your credibility or injuries. It’s essential to have a support system—both personal and legal—to help manage the stress.

Financially, trials often delay compensation. While a favorable verdict may result in higher compensation than a settlement, you won’t receive funds until the case concludes—and possibly later if there’s an appeal. However, many plaintiffs pursue trial because they believe the potential outcome justifies the wait.

Ultimately, knowing what to expect can ease uncertainty. With the right legal team and preparation, you can walk into the courtroom with clarity—and a stronger sense of control.

Settlements vs. Trials: What’s the Difference?

When you’re navigating a personal injury case, one of the most important decisions you’ll face is whether to settle or go to trial. While both options aim to provide compensation for your injuries, they differ significantly in terms of control, risk, timeline, cost, and emotional impact.

Settlements: The More Common Route

Pros:

• Faster Resolution: Settlements typically conclude much sooner than trials—often within months.
  
• Lower Stress: You avoid court appearances, cross-examinations, and public proceedings.
  
• More Predictability: You know exactly how much compensation you’re receiving.
  
• Lower Legal Costs: Trials are time-consuming and resource-intensive. Settling often means reduced attorney fees and out-of-pocket expenses.

Cons:

• Potentially Lower Compensation: You may receive less than you might at trial, especially if the defendant is unwilling to offer a fair settlement.
  
• Less Accountability: Defendants rarely admit wrongdoing in a settlement, and your case doesn’t set a legal precedent.

Trials: The Higher-Risk, Higher-Reward Path

Pros:

• Possibility of Higher Compensation: If a jury sympathizes with your case, they may award more than what was offered in settlement negotiations.
  
• Public Record: Trials bring public attention and can pressure institutions or companies to change harmful behavior.
  
• Legal Precedent: A trial outcome may influence future similar cases, especially if it involves novel legal questions.
  

Cons:

• Uncertainty: You give up control over the outcome. A jury might rule against you—even with strong evidence.
  
• Longer Timelines: Trials can drag on for months or even years, especially if appeals follow.
  
• Higher Stress: Trials require your time, attention, and emotional energy. You may need to testify or hear challenging cross-examinations.
  
• Increased Legal Costs: Preparation, expert witnesses, and trial logistics can raise overall costs.
  

Control vs. Risk: What’s Right for You?

Ultimately, settlements offer control and certainty, while trials introduce risk with the potential for greater reward. Many personal injury plaintiffs prefer settlement for the stability it provides—but for some, especially when the stakes are high or the offers are too low, going to trial is the right call.

Your attorney can help weigh the pros and cons based on your unique case, injuries, and long-term goals. What matters most is choosing the path that aligns with your needs—not just legally, but emotionally and financially as well.

Can You Still Settle Before the Trial Begins?

Absolutely. Even if your personal injury case is headed toward trial, settlement is still a real possibility—right up until the jury delivers a verdict. In fact, many cases that initially appear bound for court end up resolving in the final days or even during the trial itself.

Why Settle Late in the Game?

Several strategic reasons may prompt both parties to settle before court proceedings begin:

• New Evidence Emerges: Sometimes, critical documents or testimony surfaces during trial prep that shifts the strength of one side’s argument—making settlement more attractive.
  
• Legal Costs Mount: As trial day approaches, both sides incur growing attorney fees, expert witness costs, and court-related expenses. A well-timed settlement can avoid these.
  
• Uncertainty Sets In: Even strong cases carry risk. Juries are unpredictable, and both sides may decide that a known outcome is better than a gamble.

Common Pre-Trial Resolution Tools

To avoid court altogether—or to nudge negotiations along—your legal team may engage in:

• Mediation: A neutral third party facilitates a structured negotiation between you and the defense. It’s informal, confidential, and non-binding unless an agreement is reached.
  
• Arbitration: This is more formal than mediation but less so than a trial. An arbitrator (or panel) hears evidence and issues a binding or non-binding decision.
  
• Settlement Conferences: These court-supervised discussions happen shortly before trial and are often the last chance to avoid litigation.
  

A Strategic Window of Opportunity

The period just before trial is often one of the most productive times for settlement discussions. Both sides have done extensive discovery, evaluated the evidence, and considered the risks. With the pressure of a looming trial, parties are often more willing to compromise.

In short, going to trial doesn’t mean giving up your right to settle. It just means you’re keeping all options open—and with the right legal strategy, you can pivot toward the resolution that best protects your interests.

Should You Hire a Lawyer if Your Case Goes to Trial?

Yes—without a doubt. If your personal injury case is heading to trial, having an experienced trial lawyer is essential. While some plaintiffs may handle early settlement discussions on their own, once a case moves into litigation, the legal process becomes far more complex and often requires experienced legal support.

Courtroom Procedure Is Not DIY-Friendly

Trials follow strict procedures that most people aren’t familiar with. From filing pre-trial motions to selecting a jury, each step has its own rules, timelines, and strategies. A misstep—no matter how small—can affect your credibility or even result in the dismissal of crucial evidence.

Why Legal Expertise Matters at Trial

Here’s what a trial-ready personal injury attorney brings to the table:

• Mastery of Evidence Rules: Knowing what’s admissible—and how to present it persuasively—can make or break your case.
  
• Skilled Cross-Examination: Your attorney will challenge opposing witnesses, highlight inconsistencies, and protect your case from misleading testimony.
  
• Jury Persuasion: Trial lawyers know how to build a compelling narrative that resonates with jurors—not just on a legal level, but emotionally as well.
  

How to Choose the Right Trial Attorney

Not all personal injury lawyers focus on litigation. When interviewing attorneys, ask about:

• Their trial track record and how many cases they’ve taken to verdict
  
• Their strategy for courtroom presentation
  
• Their ability to communicate clearly and confidently with juries
  

Look for someone who not only understands the legal system but can also fight for your full compensation with clarity, conviction, and professionalism.

Bottom line: Going to trial without a qualified attorney puts your entire case—and compensation—at risk. With the right legal support, you can approach trial confidently and maximize your chances of success.

Conclusion: Trials Are Rare—but Preparation Is Power

Although most personal injury cases settle, a small percentage go to trial—often due to disputed liability, contested damages, or insurance company pushback. If you’re asking, “Why is my personal injury case going to trial?” the answer usually comes down to unresolved issues that need a legal decision.

The purpose of a trial isn’t to complicate your claim—it’s to ensure both sides are heard and a fair outcome is reached. With the right legal support and a clear understanding of the process, you can approach the trial with confidence.

FAQs

Why does a judge prefer a settlement over a trial?
Judges often encourage settlements because they save time, reduce court backlog, and provide a quicker resolution for both parties. Settlements also reduce the uncertainty and emotional toll of a trial.

Why do personal injury cases go to trial?
Personal injury cases typically go to trial when there’s a dispute over who is at fault, how much compensation is fair, or when the insurance company refuses to settle. Trials may also occur in high-value or precedent-setting cases.

What percentage of cases settle before trial?
Roughly 95% of personal injury cases settle before going to trial. Most are resolved through negotiation, mediation, or arbitration during the pre-trial process.

Why are so many cases settled before trial?
Settling saves time, money, and stress. It also gives both sides more control over the outcome, whereas trials come with risks—such as unpredictable jury decisions or lengthy delays.

How long do most personal injury cases take to settle?
Most cases settle within a few months to a year. However, if the case involves complex evidence, serious injuries, or goes to trial, it may take 18 months or longer to fully resolve.What is the difference between a settlement and a trial?
A settlement is a negotiated agreement between the parties, typically involving compensation in exchange for dropping the lawsuit. A trial, on the other hand, involves a judge or jury deciding the outcome after both sides present evidence and arguments. Settlements offer more certainty and speed, while trials offer the chance for larger awards—but come with more risk.