sleek brown courtroom gavel at rest

Personal injury cases can be complex and emotionally challenging for those involved. A common question we are asked, as a reputable law firm, is “Do personal injury cases go to trial?” While most personal injury cases are resolved through settlements, there are situations where they proceed to trial. 

In this article, we will explore the dynamics of personal injury cases, why many settle outside of court, and the factors that may lead a case to trial. We also discuss the misconceptions around trials and the importance of having a lawyer who is experienced in the field of personal injury by your side.

Why Do the Majority of Personal Injury Cases Settle Outside of Court?

Personal injury cases often lean towards settlement for several reasons. Settlements can provide advantages for both the plaintiff and the defendant. Plaintiffs may benefit from quicker compensation, reducing the financial strain caused by medical bills and other expenses. Defendants, on the other hand, may find it financially favourable to avoid lengthy legal battles and the uncertainty of trial.

A personal injury settlement also allows both parties to maintain more control over the outcome. By negotiating directly, they can reach an agreement that aligns with their interests and needs, rather than leaving the decision solely in the hands of a judge or jury.

Personal Injury Claims vs. Lawsuits: Understanding the Difference

A personal injury claim typically begins with an injured party seeking compensation through negotiations or an insurance claim. On the other hand, a personal injury lawsuit involves taking the dispute to court when negotiations fail.

What Factors Make a Personal Injury Case Go to Trial?

While settlements are common, some personal injury cases end up in courtrooms. There are various factors that may lead to this outcome:

  • Disagreements on Liability: If the parties involved cannot agree on who is at fault for the injury, it may be necessary to go to trial. Liability disputes can be challenging to resolve through negotiation.
  • Disputes on Compensation: When there is a significant gap between what the plaintiff is seeking in compensation and what the defendant is willing to offer, negotiations may break down, leading to a trial.
  • Complex Cases: Complex cases involving multiple parties, severe injuries, or unclear circumstances may require a trial to ensure a fair resolution.
  • Insurance Company Tactics: Sometimes, insurance companies may employ delaying tactics or offer inadequate settlements. In such cases, going to trial can be a strategic move.

Does A Case Going to Trial Mean Compensation is Unlikely?

It’s important to dispel the misconception that a case going to trial automatically means compensation is unlikely. While trials introduce an element of uncertainty, they can also be a strategic step to secure fair compensation.

Personal injury trials follow a structured legal process, where both parties present their arguments and evidence. The outcome ultimately depends on the strength of the case presented. Personal injury lawyers know how to build a compelling case, increasing the chances of a favourable verdict.

Personal Injury Trials: A Closer Look at the Process

Personal injury trials are complex legal proceedings that follow a structured process to ensure fairness and justice. The process unfolds as follows: 

  1. Evidence Presentation: Both the plaintiff (the injured party) and the defendant (the party being sued) present their evidence. This evidence includes a wide range of materials, such as witness testimonies, medical records, accident reports, and expert opinions. It’s important to establish a strong and compelling case during this stage.
  2. Cross-Examination: Lawyers on both sides then have the opportunity to cross-examine witnesses. Cross-examination allows lawyers to challenge the credibility of witnesses, point out inconsistencies in their statements, and shape the narrative of the case.
  3. Closing Arguments: After presenting evidence and examining witnesses, each party delivers closing arguments. During this phase, lawyers summarize their case, highlight key points, and make persuasive arguments to the jury. Closing arguments aim to leave a lasting impression on the jurors and influence their decision.
  4. Jury Deliberation: Following closing arguments, the jury begins its deliberation. Jurors discuss the case, reach a consensus, and ultimately render a verdict.
  5. Verdict: The culmination of the trial is the jury’s verdict. They determine whether the defendant is legally liable for the plaintiff’s injuries and, if so, the appropriate compensation amount.

The Advantage of Working With an Personal Injury Lawyer

lawyers having a discussion in an office

An experienced personal injury lawyer can make a significant difference in the outcome of a  case. They have the legal knowledge and negotiation skills needed to maximize your compensation.

During trial, a skilled lawyer can:

  • Present a Compelling Case: They know how to gather and present evidence effectively, making a persuasive argument in your favour.
  • Handle Cross-Examination: Experienced lawyers can anticipate and counter the defense’s tactics during cross-examination to protect your case.
  • Navigate Complex Legal Procedures: Personal injury trials involve intricate legal procedures and rules. A lawyer ensures that everything proceeds smoothly.
  • Advocate for Fair Compensation: Whether in negotiations or at trial, your lawyer will protect your rights and interests in pursuit of the compensation you are entitled to.

Although enlisting the support of a lawyer does not guarantee your desired result, it gives you the best chance at securing a positive outcome.

DWA LAW – Trusted Legal Assistance in and out of the Courtroom

While many personal injury cases settle outside of court, the possibility of going to trial exists when disputes cannot be resolved through negotiation. That said, trials do not equate to zero compensation; they are a means to seek fair and just resolution. Having an experienced personal injury lawyer by your side can significantly impact the outcome of your case, whether it is settled or goes to trial.

If you are facing a personal injury case and are uncertain about the best course of action, we encourage you to reach out to DWA LAW. We are here to provide you with expert guidance and help you achieve a fair resolution to your personal injury claim. Contact us today to discuss your personal injury case

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About DWA Law

We believe personal injury law can only be practiced successfully by SPECIALIZED, experienced, and caring injury lawyers. DWA LAW has argued and WON Millions of dollars for victims on a wide range of personal injury cases.


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