Why Most Personal Injury Cases Never Go to Trial (And What That Means)

If you imagine personal injury lawsuits unfolding in dramatic courtroom showdowns with impassioned closing arguments and tense jury deliberations, the reality might surprise you. Most injured people who pursue compensation never see the inside of a courtroom, and understanding why can help you make informed decisions about your own case.

The experienced personal injury lawyers at Knowles Law Firm have built their reputation over 55 years by achieving favorable settlements for clients throughout Nebraska. As a family-owned practice with a deep understanding of insurance negotiations, our attorneys recognize when a settlement serves clients best and when taking a case to trial is necessary to secure fair compensation.

How Many Personal Injury Cases Actually Go to Trial?

The overwhelming majority of personal injury cases settle before trial. According to data from the Bureau of Justice Statistics, only about 4 percent of personal injury cases proceed to trial. This means roughly 96 out of every 100 cases reach resolution through settlement negotiations rather than courtroom litigation.

Several factors explain this trend. Both plaintiffs and defendants face substantial risks and costs associated with the trial. For injured parties, delays in trials often delay compensation by months or years. Legal costs escalate as cases progress toward trial, and outcomes remain uncertain regardless of how strong a case appears.

Why Settlement Makes Sense for Most Cases

Insurance companies recognize the financial burden trials place on their operations. Defense costs accumulate quickly as lawyers prepare witnesses, conduct depositions, and engage expert witnesses. The uncertainty of jury decisions adds another layer of risk, as juries can award amounts far exceeding settlement offers.

For injured individuals, settlements provide several advantages. Compensation arrives sooner, allowing families to address medical bills, lost wages, and rehabilitation costs without extended delays. The outcome becomes predictable rather than subject to jury deliberation, and the stress of testifying about traumatic events in open court can be avoided.

Settlement negotiations also allow for creative solutions that may not be available through trial verdicts. Parties can structure payment schedules, include provisions for future medical care, or incorporate non-monetary terms. This flexibility often leads to resolutions that satisfy both sides while avoiding the all-or-nothing risk trials pose.

When Trials Become Necessary

Despite the advantages of settlement, some cases require trial resolution. When insurance companies refuse to offer fair compensation reflecting the true extent of injuries and damages, taking a case to trial demonstrates your commitment to justice. The threat of trial also influences settlement negotiations, as insurance adjusters understand that prepared attorneys will pursue litigation if necessary.

Cases involving disputed liability may require a judge or a jury to determine who is responsible for an accident. Similarly, when the parties cannot agree on the value of injuries or when defendants deny wrongdoing entirely, trials provide the mechanism for establishing facts and awarding damages.

The attorneys at Knowles Law Firm prepare every case as if it will go to trial. This approach strengthens settlement positions because insurance companies recognize the firm’s willingness to litigate when fair offers fail to materialize. The firm has obtained multi-million dollar settlements through this strategy while maintaining the flexibility to reach favorable agreements when appropriate.

What Settlement Statistics Mean for Your Case

Understanding settlement trends should inform your approach to seeking compensation, but each case requires individual assessment. While most cases settle, the specific circumstances of your injuries, the clarity of liability, available insurance coverage, and the defendant’s willingness to negotiate all influence whether settlement or trial serves your best interests.

The timing of settlement also varies significantly. Some cases resolve within months through early negotiations, while others require extensive discovery, expert analysis, and positioning before productive settlement discussions begin. Many cases settle on the eve of trial after both sides have invested in preparation and can accurately assess trial risks.

Working with experienced legal representation helps you navigate these decisions. Knowledgeable attorneys evaluate the strengths and weaknesses of your case, assess whether settlement offers reflect fair value, and advise you on when continued negotiation or trial preparation serves your best interests.

Get Experienced Legal Guidance for Your Personal Injury Case at Knowles Law Firm

The lawyers at Knowles Law Firm understand that each injured person faces unique circumstances requiring tailored legal strategies. For over 55 years, our family-owned practice has achieved outstanding results through honest communication, diligent preparation, and commitment to client service. Whether your case settles or requires trial, you deserve representation that puts your interests first.

Every attorney at Knowles Law Firm answers their own phone and provides direct cell phone numbers so you can reach them when questions arise. Our approach combines the advantages of settlement when appropriate with the strength to litigate when insurance companies refuse fair compensation. If something can be done today to move your case forward, we do it. Contact our office to discuss how Knowles Law Firm can help you pursue the compensation you deserve.