Do Personal Injury Cases Go to Trial?

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Have you been injured in an accident and are worried about a drawn-out legal battle? You're not alone. Many people imagine personal injury cases ending in court. However, the reality is that most cases settle.

If you're dealing with the aftermath of an accident, it's natural to wonder about your options and the likelihood of a trial. This post will offer clarity on the chances of a personal injury case going to trial and explore some of the reasons why it might be necessary.

If you need help understanding how to move your personal injury case forward, a dedicated personal injury lawyer from The Ahearne Law Firm can provide the guidance you need to navigate this complex process.

How Often Do Personal Injury Cases Go to Trial?

While you might expect personal injury cases to frequently make it to court, in actuality, the majority are resolved through settlements before reaching trial. This is due to a combination of factors, including:

  • Cost of Litigation: Legal proceedings can be expensive, involving lawyer and court fees and other expenses.
  • Time Involved: Trials can take months or even years to reach completion.
  • Desire for Resolution: Both parties often want to reach a quick and fair resolution to the case.

For example, a car accident case might settle after the insurance company offers a payment to cover the victim’s medical bills, lost wages, and pain and suffering. Similarly, a slip and fall case might end with the property owner agreeing to compensate the injured individual for their losses.

How Often Do Personal Injury Cases Go to Trial?

Why Personal Injury Cases Go to Trial

While settlements are common, there are situations where a trial may become necessary. Consider the following circumstances:

  • Disagreement on Liability: The parties involved can’t agree on who is at fault for the accident.
  • Disagreement on Damages: The parties can’t agree on the amount of compensation to which the injured individual is entitled.
  • Insurance Company Tactics: Sometimes, insurance companies might be unwilling to negotiate fairly and offer a settlement that adequately compensates the injured person.
  • Complex Legal Issues: A case might involve sophisticated legal arguments that require a judge or jury's determination.

For instance, a construction accident case might involve disputes over safety regulations, worker negligence, and the responsibilities of different parties involved in the project, ultimately necessitating a trial.

Do Personal Injury Lawyers Go to Court?

Personal injury lawyers are well-versed in court proceedings. They understand the legal process, how to present evidence effectively, and how to argue a case in front of a judge or jury.

A personal injury lawyer will play a critical role in preparing for trial, including:

  • Gathering evidence
  • Preparing witnesses for testimony
  • Developing legal arguments
  • Presenting the case in court

For this reason, a qualified attorney is your greatest ally when pursuing legal action following an injury-causing accident.

What Happens During a Personal Injury Trial?

If a personal injury case proceeds to trial, it will typically involve the following stages:

  • Opening Statements: The plaintiff and defendant’s lawyers give an overview of their arguments to the judge or jury.
  • Evidence Presentation: Both sides present evidence to support their claims; this might include documents, photographs, medical records, and expert testimony.
  • Witness Testimony: Witnesses are called to the stand to provide details relevant to the case.
  • Closing Arguments: The lawyers summarize their cases, highlighting the key points for the judge or jury.
  • Jury Deliberations (If Applicable): In cases where a jury is present, they deliberate and decide on a verdict.
  • Judge's Verdict: The judge issues a final ruling based on the evidence presented.

Keep in mind that this is just a general breakdown of the progression of an average personal injury case. Each phase can vary in terms of duration and complexity, and other actions or procedures may be required depending on the particulars of the case.

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Get Reliable Representation in Your Personal Injury Case

While many people associate personal injury cases with heated trials, it's important to remember that settlements are the most common outcome. Trials are generally only necessary when there are disagreements regarding liability or damages or if insurance companies are unwilling to negotiate fairly.

If your case goes to trial, your personal injury lawyer will be your staunch advocate and defender, championing your interests at every stage of the legal process.

Don't wait to seek legal advice. Contact The Ahearne Law Firm today for a free, no-obligation consultation, and let us fight for the compensation you deserve.


Allan J. Ahearne, Jr


Dedicated NYC & Hudson Valley lawyer Allan J. Ahearne, Jr. builds trust with clients. Known for creative problem-solving, he specializes in personal injury cases, commercial litigation, and corporate disputes. Ahearne's integrity, professionalism, and results make him a trusted advocate

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