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Why Do Only Some Personal Injury Cases Go to Trial?

Why Do Only Some Personal Injury Cases Go to Trial?Only some personal injury cases go to trial because negotiating a pretrial settlement eliminates the risk of a bad outcome for both sides. While every dedicated plaintiffs’ trial lawyer wants to build and present a compelling case that will persuade a jury to reach a verdict that fully compensates the injured party, anyone familiar with the legal system, if they’re being honest, will tell you that there is a level of risk that a lesser outcome may be the result in every case. When a case is carefully analyzed, both sides will often agree to a settlement and avoid the courtroom.  That said, some cases do go to court, especially if there is a dispute over the facts of the case. Our Long Island personal injury lawyers will advise you on when a trial might be necessary and will be prepared to provide you with tenacious representation in the courtroom.
Edward Friedman
REVIEWED BY Edward Friedman September 11, 2025
In This Article
Reading time: 6 minutes
  1. Negotiating a Settlement Versus Going to Trial: Pros and Cons
  2. How to Tell if Your Case Will Go to Trial
  3. What Happens When a Personal Injury Case Goes to Trial?
  4. We Will Take Your Personal Injury Case to Trial if Necessary 

Negotiating a Settlement Versus Going to Trial: Pros and Cons

Settlements are often the preferred method for settling personal injury cases because they are faster and involve far less expense for everyone involved. With a settlement, you could:
  • Get your money sooner
  • Avoid the stress of a trial
  • Hold the liable party accountable
  • Start rebuilding your life
From start to finish, filing a lawsuit might take a year or more. However, the right to sue is an invaluable tool for securing just compensation if negotiations are unsuccessful or not an option. When the insurer knows that you could file a lawsuit if you are dissatisfied with their settlement offers, they might be more likely to pay you appropriately. Sometimes, simply filing a suit is enough to convince the insurer to come to the negotiating table before the trial even begins. Retaining the right to file a lawsuit is critical, even if your case never gets to trial. Once the statute of limitations expires and you lose this right, it is typically impossible to convince the insurer to pay what you need. (It is also very important to note that a shorter statute of limitations than the one linked to above may apply to your situation, depending upon the circumstances of your case. It is best to take advantage of a free case review with our firm so that you know exactly what deadlines you are facing and what your best options for legal action are.) 

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How to Tell if Your Case Will Go to Trial

Everyone’s case is different, so every plaintiff should work closely with their personal injury attorney to decide when and if it is time to file a lawsuit. Some signs that your personal injury case could go to trial include: 
  • You and the liable party’s representatives are unable to agree on basic facts of the case, such as whether negligence occurred or if the accident caused your injuries
  • The insurance company stops negotiating. The insurance company acts in bad faith (e.g., they are deliberately dragging out proceedings or making false allegations)
  • Both sides have been negotiating for a while without making any substantial progress 
Insurance companies typically have a lot more experience with personal injury cases than accident victims do. They might try to take advantage of that fact by persuading you not to go to trial and to accept the lowball settlement they want to pay, regardless of whether that amount covers all of your losses.  Part of what a personal injury attorney does is level the playing field. We will assess your situation, keep you updated on how your case is going, and advise you when and if going to trial might be in your best interest.

What Happens When a Personal Injury Case Goes to Trial?

Lawsuits begin when a plaintiff or their representative files the appropriate paperwork in court. Which court has jurisdiction over your case most often depends on where the accident happened and how much money you are seeking.  If the insurance company does not offer an appropriate settlement at this stage, both sides will begin preparing to present their cases in front of a judge and jury. This involves: 
  • Exchanging evidence in a process known as discovery
  • Selecting and working with subject matter experts who will testify at trial
  • Submitting legal motions and preparing trial exhibits for use at trial 
  • Being assigned trial dates by the court and going through the selection process for who should serve on the jury
Assuming that the insurer does not agree to settle before the trial begins, each side will have a chance to share their version of events in court. They will show and describe evidence, deliver oral arguments, and question witnesses.  Once the trial is finished, the jury will consider everything they have heard and decide who has the more credible arguments. If they find in favor of the defense, the injured plaintiff will get nothing. If they find in favor of the plaintiff, the jury will also get to decide how much compensation the plaintiff deserves based on:
  • The severity of  injuries suffered
  • The egregiousness of the liable party’s actions
  • Plaintiff’s  share of liability (if applicable) 

Do You Have to Testify if Your Case Goes to Trial?

Possibly. You and your lawyer should discuss whether or not testifying in court could benefit your case. If so, we will prepare you by telling you what questions we will ask, discussing the answers to those questions that you will provide at trial, and what questions to expect from the defense. Even if you do not testify at a trial, you will likely have to sit down for a private interview with the liable party’s representatives. This is called a deposition. Both sides use depositions to collect information and build their cases. Our legal team will prepare you for the representative’s questions and attend the deposition with you. While it is entirely understandable that the idea of testifying at a deposition (also called an “examination before trial” or “EBT”) or at a trial can make someone nervous, we have successfully guided clients through this process hundreds of times, and we are confident that we will help you feel prepared and comfortable if your case calls for these steps. 

What Are the Odds of Winning a Personal Injury Trial?

That depends on the specifics of your case. The amount and quality of available evidence will affect the outcome, as will your lawyer’s ability to make a more persuasive argument than the defense attorney does. If going to trial is the right option for you, our legal team will do everything possible to strengthen your case file and convince the jury of the fundamental truth of the matter: the liable party caused your injuries, and they should pay appropriate compensation.

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We Will Take Your Personal Injury Case to Trial if Necessary 

At Friedman & Simon Injury Lawyers L.L.P., we understand that fighting for appropriate compensation is not always easy, even in cases that end in pretrial settlements. To understand why some personal injury cases go to trial and if yours might be one of them, let our attorneys handle your case and advocate for you starting now. Call for a free consultation today.

Call or text (516) 932-0400 or complete a Free Case Evaluation form