If you’re asking, “Will my personal injury case go to trial?” you’re not alone. It’s one of the most common questions people have after an accident. Most personal injury cases settle before trial, but there are specific situations where a personal injury case may go to trial.
A trial is a formal legal proceeding where evidence is considered in court by a judge or jury. Although trials are rare in the context of personal injury law, they can sometimes decide the outcome of your case.
Here’s how rare trials actually are:
“In Michigan, on average, less than 3% of injury cases make it to a jury trial. That means that your case stands a 97% chance of being resolved short of a trial,” said David Femminineo, founder and personal injury attorney at Femminineo Law in Michigan.
Below, we explain when personal injury cases might go to trial, the difference between a verdict and a settlement, when pursuing a trial may be appropriate, and how we prepare our clients to approach trials with confidence.
Do Most Personal Injury Cases Go to Trial?
If you were recently in an accident and are considering legal action, you might be wondering, “Will my personal injury case go to trial?”
While there’s always a possibility a trial may take place, most personal injury cases never see the inside of a courtroom. According to the U.S. Department of Justice’s Bureau of Justice Statistics, only about 3% of civil cases proceed to trial, illustrating how rare courtroom trials are in personal injury and other civil matters.
Most of the time, personal injury cases are resolved outside of court. It’s not hard to understand why when you consider how trials normally play out: they’re lengthy, expensive, and above all, very risky for both parties involved.
Settlement vs. Trial in a Personal Injury Case: What’s the Difference?
The vast majority of personal injury cases are resolved through settlements. A settlement is a legal agreement where the injured party (plaintiff) accepts money from the at-fault party (defendant) or their insurer, bypassing a trial. If you’re trying to estimate what your case might be worth, you can use our personal injury settlement calculator.
Settlements can happen at multiple stages of the personal injury claim process including:
- Pre-litigation (before a lawsuit is filed)
- Discovery
- Mediation
- During a trial or while the jury is deliberating
A trial verdict, on the other hand, is a decision made by a judge or jury after hearing all the evidence in court. Unlike a settlement, the outcome is not negotiated; it’s imposed.
Settlements are often preferred by both the defendant and the plaintiff. They’re quicker than trials and cost less for both parties. Additionally, settlements are less risky than trials, which puts the final decision to award compensation in the hands of a judge or a jury of six individuals.
While settlements are typically the more favorable course of action, there are certain instances where taking a case to trial may be the best path forward.
When Does a Car Accident Case Go to Trial in Michigan?
There are times when taking a personal injury case or car accident case in Michigan to trial makes the most sense. Some common scenarios where this may be true include:
- When Liability Is Disputed: If the insurance company believes that their policyholder was not at fault, they may refuse to offer a meaningful settlement. This may prompt your attorney to push for a trial.
- When the Severity of Injuries Is Challenged: Insurance companies will frequently dispute the severity of a plaintiff’s injuries. This is especially true if you have a history of similar, pre-existing medical issues. Oftentimes a jury is needed to decide whose evidence is more credible.
- When Settlement Offers Don’t Reflect the Value of the Case: Sometimes, even when liability is clear, insurance companies will undervalue your medical treatment, the long-term impact of your injuries, and the pain and suffering you had to endure.
It’s important to remember that every case is different. You must put trust in your attorney and follow their expert guidance. If they tell you a settlement amount is fair, it’s generally recommended to heed their advice. Likewise, if your attorney is pushing for a trial, there’s likely a calculated reason for them to do so.
What Happens If Your Personal Injury Case Goes to Trial?
If your personal injury case makes it to trial, expect many of the same steps as how to prepare for a deposition.
During a trial, you’ll be giving a very similar testimony to the one that you gave during deposition. The only difference: your audience. A trial occurs in court, in front of a judge and jury.
The format of a trial is as follows:
- Jury Selection (Voir Dire): Lawyers for both sides question potential jurors to choose a fair and impartial jury.
- Opening Statements: Each side outlines their case and what they intend to prove.
- Presentation of Evidence: The plaintiff presents evidence and witnesses first, followed by the defense. Witnesses can be cross-examined. As a plaintiff, you can almost certainly expect to testify at this time.
- Closing Arguments: Both sides summarize their case and try to persuade the jury.
- Jury Instructions & Deliberation: The judge explains the law, and the jury meets privately to reach a verdict.
- Verdict: The jury announces its decision (liable or not liable).
Although a verdict might seem likely at this point, there are still plenty of opportunities for a settlement to be reached. It’s not uncommon for cases to resolve “on the courthouse steps,” as a trial is underway.
While the stakes are high during a trial, this isn’t something you need to worry about – especially with Femminineo Law in your corner. “We take pride in the way we thoroughly prepare our clients for trial,” said David Femminineo. “We consider all potential scenarios and establish a comprehensive gameplan, well before a trial date is even selected.”
Should You Settle or Go to Trial?
Ultimately, the injured party is the person who decides whether a case makes it to trial. The decision is straightforward: take the settlement offer before you or accept the pressure and risks associated with a jury trial.
While the decision is yours to make, it isn’t one you’ll be expected to reach alone. Trust the input from your attorney. They’ve been in similar situations before and know what the best course of action will be. Once you weigh the pros and cons with you attorney, your decision will be much clearer.
FAQs About Personal Injury Trials
How long does it take for a personal injury case to go to trial?
Lawsuits often span several months, sometimes even years, before reaching trial. Most cases resolve in a settlement before getting that far. For a more detailed breakdown, watch this video where attorney David Femminineo explains how long a Michigan auto accident case typically takes.
Can I avoid going to trial?
Yes – most personal injury cases are resolved through settlement negotiations, well before a trial date is ever selected.
What are the chances my case will go to trial?
Over 97% of personal injury cases settle before trial. Trials are reserved for complex cases involving disputed liability or severe injuries.
What happens if I lose at trial?
You generally won’t recover compensation for your injuries. This is part of what makes trials so risky: the potential for an unfavorable jury verdict which awards you nothing.
Will I get more money if I go to trial instead of settling?
Not necessarily – while trials can yield large payouts, there’s also the very real possibility that you recover nothing. Settlements provide a sense of certainty and guarantee that you won’t walk away empty-handed.
Talk to a Michigan Personal Injury Lawyer About Your Case
If you’re still wondering whether your personal injury case will go to trial, the best next step is to speak with an attorney who can evaluate the specifics of your situation.
Every case is different. Factors like liability, the severity of your injuries, and the insurance company’s response all play a role in whether a case settles or moves toward a personal injury lawsuit trial.
At Femminineo Law, we help clients understand their options early so they can make informed decisions about whether to accept a settlement or prepare for trial. You can learn more about our experienced personal injury legal team and how we approach cases like yours.
Give us a call at 855-65-CRASH or schedule a free consultation with a Michigan personal injury lawyer.
From the moment you reach out, we’ll be devising a blueprint to get your life back on track and to recover the maximum amount of compensation possible.
Get David. Get Paid.
