If you’ve been injured and are considering pursuing a personal injury claim, your mind is likely racing with questions: Will my personal injury case go to trial? And what will a trial require of me?
Not every personal injury case goes to trial. Most of them end in a “settlement” or an agreement between the insurance company and the injured party. However, when insurance companies dispute fault or refuse to offer a fair settlement, going to trial may be the only path to justice. At Shaheen & Gordon, our Lebanon, NH personal injury lawyers help clients navigate the legal process with confidence, whether through settlement or litigation.
Below, we’ll answer some of the most common questions about personal injury trials, including how often they occur and what to expect if you do indeed go to trial.
How common are personal injury trials?
When you hear the words “personal injury lawsuit,” you might imagine a roller-coaster trial dramatically playing out in front of a jury before a verdict is finally handed down. The reality tends to be a little less colorful. Only about 5% of personal injury cases end up going to trial, with the vast majority settling.
Settlements are typically reached during the negotiation phase or as part of pre-trial proceedings. The lack of a judge or a jury doesn’t make settling any less meaningful or give the insurance company an out, either. A settlement can provide meaningful restitution and serve as a practical solution for both sides, saving you time and resources. It’s often the best outcome when liability is clear and the damages are well-documented.
That said, not every case can be resolved this way. Trials are more likely in situations involving:
- Disputed fault
- Serious or permanent injuries
- Conflicting expert opinions
- High financial stakes
In these cases, taking your claim to court may be the only way to pursue full and fair compensation.
Why do some personal injury cases go to trial?
Sometimes, when pre-trial negotiations fail or your insurance company refuses to offer what your claim is worth, your case may end up in trial. This happens most often in cases involving:
- Denials of liability
- Lowball settlement offers
- Complicated medical evidence
- Accusations that you were partially at fault
When the other side refuses to be reasonable, a trial offers you the chance to present your case publicly and seek a decision from a judge or jury.
What types of personal injury cases are more likely to go to trial?
Although most personal injury cases settle, certain types of cases are more prone to trial due to their higher stakes or complexity. These include:
- Medical malpractice claims
- Wrongful death lawsuits
- Product liability or defective product cases
- Cases involving permanent disability or very high damages
If your case falls into one of these categories, it’s especially important to work with a law firm that has a proven track record of winning at trial.
Is going to trial riskier than settling?
Going to trial can carry more risk than settling, but it may also offer higher potential rewards. A judge or jury could award more compensation than what was offered in settlement, but they could also award less, or even nothing at all.
That’s why it’s essential to work with a legal team you trust. Our experienced personal injury attorneys help clients weigh the risks and benefits of settlement versus trial. We’ll always give you honest advice based on the unique circumstances of your case.
How long does a personal injury trial take?
Once you file a lawsuit, a trial might not occur for several months to over a year, depending on the court’s schedule and how complex your case is. The trial itself may last anywhere from a day to several weeks.
In the meantime, your attorney will handle discovery (gathering evidence), pre-trial motions, and negotiations, so your case is always progressing.
Can you settle a case before the trial ends?
Yes. Many personal injury cases settle after a lawsuit is filed or right before the trial begins. In some cases, parties even reach a settlement during the trial itself.
Just because you’ve filed a lawsuit doesn’t mean you’re locked into going to trial. Settlement remains an option at nearly every stage in the process.
Do you need a lawyer if your case might go to trial?
If there’s a chance your case could go to trial, or if you just want to make sure that you’re offered a fair settlement, it’s worth consulting with a personal injury attorney. At Shaheen & Gordon, we combine the personal attention of a small firm with the resources of one of New Hampshire’s largest legal teams.Need help with a personal injury claim in Lebanon? We’re ready to fight for your rights, in or out of court. Call (800) 451-1002 or contact us online to request a free consultation with our Lebanon, NH personal injury lawyers. Shaheen & Gordon proudly serves clients across New England and beyond.
