The common misconception is that when you file a personal injury case it automatically goes to trial. In reality, this is very far from the truth. In reality, only about 3-5% of personal injury cases ever go to trial. Approximately 95% of cases settle quietly out of court.
Here’s the thing:
The cases that MAKE IT to trial are often the cases that matter. Those are the catastrophic injury cases, the million dollar jury verdict cases, and the ones where the insurance company tries to cheat the injured person. So what makes some cases go to trial and others settle?
Here’s the full breakdown.
What’s inside this guide:
- Why Most Injury Cases Settle
- When a Case Actually Goes to Trial
- The Real Risks of Going to Trial
- How Jury Verdicts Are Changing
Why Most Injury Cases Settle Before Trial
Most personal injury lawsuits settle for one simple reason…
Trials cost a lot of money. They take a long time. They’re unpredictable. When both parties do the math, settlement almost always makes sense. Less than 4 percent of personal injury claims ever go to trial, according to the Bureau of Justice Statistics.
Insurance companies LOATHE going to trial. Why? Jury verdicts can be substantially larger than what they would consider for settlement. Particularly in cases involving catastrophic injury, they realize that a jury can sympathize with the victim and award a massive verdict.
For the injured person, settling has some clear benefits:
- Speed: They get paid faster (often in months, not years)
- Certainty: They know exactly what they’re getting
- Less stress: No court appearances or cross-examinations
- Lower costs: Legal fees stay lower without a full trial
Fairly often though, the settlement offer is just plain unreasonable. That’s when the fun begins. If you or someone you know is facing a significant catastrophic injury or just wants to see how jury verdicts really compare, please check out verdictvictory.com and see examples of real life personal injury cases unfolding.
When a Case Actually Goes to Trial
Some cases just can’t be settled. Here’s when a trial usually happens:
The Insurance Company Won’t Play Fair
Insurance companies want to pay you as little money as possible. If they low ball you, won’t negotiate fairly, or deny your claim you may need to go to trial.
Think about it:
Someone suffers injuries worth $2 million. They receive medical bills, lost wages & future care. Their insurance company offers them $200,000… There is no way they can accept it.
The Injuries Are Catastrophic
Catastrophic injury cases often end up at trial. These include:
- Traumatic brain injuries
- Spinal cord damage
- Paralysis
- Amputations
- Permanent disfigurement
Why? Because these injuries require enormous awards. Lifetime medical expenses, loss of earnings, pain and suffering can equal tens of millions of dollars. Insurance companies don’t want to pay that kind of money. They’d rather gamble with a jury.
Liability Is Disputed
Occasionally, both parties contest liability. When the defendant denies liability altogether–meaning they deny causing the injury–there can be no settlement. Liability must be decided by a jury. This scenario commonly arises in trucking accidents, medical malpractice and product liability lawsuits when the liability is complex and both parties believe they have a strong chance of prevailing at trial.
The Real Risks of Going to Trial
Trials are not a guaranteed win. Here’s what people need to know…
You may have a great case but don’t forget that juries are unpredictable. Only about 52% of plaintiffs prevail at a personal injury trial. That’s like flipping a coin. Trials also take a long time. Often cases take 12-18 months (or more) to get to trial and receive a verdict. And this is after the numerous months it takes for discovery and pre-trial motions.
The costs add up fast:
- Expert witness fees
- Court filing costs
- Deposition expenses
- Additional attorney hours
If you lose the case, the injured person walks away with nothing. Months of their life down the drain. That’s why most cases settle. The risk of losing is real. However, when you have the potential for a massive award (like in catastrophic injury cases) it’s worth the risk.
How Jury Verdicts Are Changing
Here’s where it gets interesting.
Jury verdicts are skyrocketing FAST these days. Particularly in major injury cases involving life-altering damages. They’ve even coined a term for this trend: “nuclear verdicts” or awards of $1 million or more.
The median award of the top 50 U.S. bodily injury verdicts increased by 100% from 2019 to 2024, going from $49.7 Million to $98.2 Million. That’s huge.
Why the jump?
Juries are softening up. They don’t like big insurance companies or corporate defendants. If there is clear evidence of negligence, they will award large verdicts.
For victims of catastrophic injury, this shift is a game-changer. It means:
- Insurance companies are more willing to negotiate serious settlements
- Attorneys have more leverage at the bargaining table
- Victims are more likely to get fair compensation
Keep in mind, not every case results in a nuclear verdict. Most trial awards are significantly lower. But keep in mind, when catastrophic injury cases DO go to trial, the stakes can be astronomical.
Final Thoughts
For most injury cases there are good reasons they settle. Speed, certainty and less risk are just a few. However, there are cases that NEED to go to trial in order to achieve justice. Many catastrophic injury cases fall into this second category.
Sometimes damages are life-altering and the insurance company refuses to offer a reasonable settlement. In these cases, your only option may be to go before a jury. The increase in nuclear verdicts means juries are ready to punish defendants when merited. This bodes well for victims of serious injury.
However, trials are not for everyone. They take time, money and patience. You need to know which option is best for you by considering:
- Strength of the evidence: A weak case won’t win at trial
- The size of the damages: Catastrophic injuries usually justify the risk
- The insurance company’s willingness to negotiate: A lowball offer might force a trial
- The client’s tolerance for risk: Trials are unpredictable
If you’re weighing your options, knowing when jury verdicts favor plaintiffs — and when a trial is worth considering — is step one to achieving a just result. Ninety-five percent of cases will settle. But if yours is part of the 5% that goes to trial, it could be worth it.
