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Most personal injury claims settle before trial—studies suggest fewer than 5% of filed cases actually reach a jury verdict. Walner Law handles car accidents, truck crashes, slip-and-fall claims, and serious injuries across Chicago and Cook County by negotiating aggressively for fair settlements while preparing every case for trial from day one. Insurers know we won’t back down from litigation, which strengthens our position during settlement talks and protects your recovery if negotiations fail.
The fear of going to court keeps many injured people from pursuing fair compensation. They imagine hostile cross-examination, months of stress, and unpredictable jury verdicts. The reality is more nuanced. Most cases settle because both sides recognize the costs, risks, and uncertainty of trial. But the cases that do go to court share common traits—disputed liability, lowball offers that ignore serious injuries, or insurers betting you’ll accept less rather than face litigation. Understanding why cases settle or proceed to trial helps you set realistic expectations and choose an attorney with both negotiation skill and courtroom experience.
Key Takeaways for Personal Injury Cases Going to Court
- Most personal injury claims settle before trial; studies indicate that fewer than 5% of filed cases reach a jury verdict
- Cases go to court when liability is disputed, insurers make unreasonably low offers, damages exceed policy limits, or parties disagree significantly on case value
- Filing a lawsuit doesn’t mean you’ll go to trial; many cases settle during discovery, at mediation, or shortly before trial as evidence mounts
- Hiring an attorney with trial experience strengthens settlement negotiations because insurers know the lawyer won’t accept low offers to avoid court
- Contingency fees may increase if a case goes to trial, carefully review your fee arrangement and have your attorney explain their contingency fee before signing
What Percentage of Personal Injury Cases Actually Go to Trial?
The vast majority of personal injury cases settle before reaching a jury verdict. While exact statistics vary by jurisdiction and case type, research consistently shows that trial rates for civil cases have declined over recent decades. According to data from the National Center for State Courts, civil trial rates across state courts have dropped significantly, with many jurisdictions seeing fewer than 3-5% of filed civil cases going to trial.
This trend reflects multiple factors:
- Rising litigation costs for both parties
- Court encouragement of alternative dispute resolution, like mediation
- Insurance company risk management favoring predictable settlements over unpredictable verdicts
- Parties’ desire to avoid the time and expense of trial
Low trial rates don’t mean all cases settle fairly. The threat of trial, and your attorney’s willingness to actually try cases, determines whether insurers make reasonable settlement offers or lowball you, hoping you’ll accept less to avoid court.
Why Do Most Injury Claims Settle Before Court?
Settlement benefits both parties by avoiding the cost, time, and uncertainty of trial.
Benefits to the Parties
Cases often settle before trial because of the benefits for both parties.
Benefits for plaintiffs:
- Guaranteed compensation without waiting for trial dates, jury deliberations, and potential appeals
- Avoid the stress of testifying, cross-examination, and reliving traumatic injuries in front of strangers
- Receive money sooner when medical bills are mounting and paychecks stopped during recovery
Benefits for insurers:
- Cap exposure at a known amount rather than risking a jury verdict that might exceed their settlement offer
- Avoid defense attorney fees, expert witness costs, deposition expenses, and administrative burden
- Close claims faster, improving financial metrics
- Eliminate risk of sympathetic jury awarding substantial pain-and-suffering damages
How Courts Encourage Settlement
Courts encourage settlement through mandatory mediation, settlement conferences with judges, and procedural rules that impose costs on parties who reject reasonable settlement offers and then fail to achieve better results at trial.
Cook County Circuit Court judges routinely order mediation before trial, bringing both sides together with a neutral mediator who facilitates negotiations.
Many cases settle at mediation because parties finally confront the strengths and weaknesses of their positions with a neutral third party explaining how juries might view the evidence.
How Discovery Pushes Cases Toward Settlement
Discovery also pushes cases toward settlement. As both sides exchange documents, take depositions, and retain expert witnesses, the evidence mounts, and each party’s exposure becomes clearer.
Insurers who initially denied liability might settle after the plaintiff’s attorney produces traffic-cam footage showing the other driver ran a red light. Plaintiffs may adjust their demands after learning about expert testimony that presents different perspectives on the necessity of treatment.
What Makes a Case More Likely to Go to Court?
Certain factors push cases toward trial rather than settlement.
Disputed Liability
Disputed liability tops the list. If the insurer denies their policyholder caused the accident or argues comparative negligence under 735 ILCS 5/2-1116 bars recovery because you were 51% or more at fault, settlement negotiations stall.
Both sides dig in, gather evidence, and prepare for a jury to decide who caused the accident and how to allocate fault.
Severe Injuries with High Damages
When medical bills, lost wages, and pain and suffering damages total substantial amounts, the gap between the plaintiff’s demand and the insurer’s offer widens.
The insurer calculates that even if it loses at trial and pays defense costs, the risk is worth it if there’s a chance the jury awards less than the settlement demand. On the other hand, the plaintiff may reject lowball offers because settling means accepting far less than the actual cost of the injuries.
Policy Limits Disputes
If your damages exceed the at-fault driver’s insurance limits and the driver has personal assets worth pursuing, you might take the case to trial to recover the full amount beyond policy limits. If the insurer tenders policy limits but you believe the policyholder acted with willful and wanton conduct justifying punitive damages, which often aren’t covered by insurance, you might proceed to trial seeking additional compensation directly from the defendant.
Bad Faith by Insurers
When adjusters deny valid claims, ignore evidence, refuse to respond to demands, or make offers so low they’re insulting, plaintiffs file suit to force accountability. Some insurers adopt hardball negotiation strategies, betting that plaintiffs will settle for less rather than face litigation.
Attorneys with trial experience call that bluff by filing suit and preparing for trial, which can bring insurers back to the table with reasonable offers.
Disagreement Over Damages
The insurer might accept liability but argue your injuries weren’t serious, treatment was excessive, or pain and suffering doesn’t justify your demand. These disputes require juries to hear medical testimony, view imaging studies, and decide whose experts are more credible.
Juries assign dollar values to intangible losses, such as chronic pain, emotional distress, and loss of enjoyment of life, calculations that parties often can’t agree on during settlement talks.
What Are the Phases of a Personal Injury Trial?
Cases that proceed to trial move through several distinct phases, each requiring preparation, strategic decisions, and court appearances. After the lawsuit is filed, several things will occur.
Discovery Phase
Discovery is the longest and most intensive phase of litigation. Both sides exchange information, gather evidence, and build their cases through formal legal processes.
Key discovery activities include:
- Written interrogatories where parties answer questions under oath
- Document production requests for medical records, insurance policies, accident reports, and other relevant materials
- Depositions where attorneys question parties, witnesses, and experts under oath with a court reporter recording testimony
- Retention of expert witnesses who review evidence, prepare detailed reports, and provide opinions on liability, causation, and damages
- Site inspections, vehicle examinations, and preservation of physical evidence
Discovery complexity varies by case type. Simple car accidents with clear liability require less discovery than multi-vehicle crashes with disputed fault or premises cases involving property inspections and code violations.
Mediation and Settlement Conferences
Before trial, Cook County Circuit Court judges typically order mediation where a neutral third party facilitates settlement negotiations. If mediation fails, the court may schedule additional settlement conferences as the trial date approaches.
Many cases settle during these conferences as both sides face the imminent reality of trial.
Pretrial Phase
Once discovery closes, the case enters pretrial preparation. Both sides file motions to exclude evidence, limit testimony, or resolve legal issues before trial.
Judges hold pretrial conferences to discuss jury instructions, evidentiary disputes, and trial logistics. Attorneys finalize witness lists, prepare trial exhibits, and develop opening statements and examination strategies.
Trial Phase
Trial length depends on case complexity and the number of witnesses. Cases proceed through jury selection, opening statements, witness testimony, cross-examination, expert witness presentations, closing arguments, jury instructions, and deliberations.
Post-Trial Phase
After the jury returns a verdict, the losing party may file post-trial motions asking the judge to overturn the verdict, order a new trial, or reduce damages. If those motions fail, the losing party can appeal to the Illinois Appellate Court, arguing legal errors or insufficient evidence.
Appeals add substantial additional time and expense but serve as strategic tools for defendants hoping to pressure plaintiffs into accepting reduced settlements.
Walner Law’s personal injury attorneys manage all trial phases by staying on top of discovery deadlines, responding promptly to court orders, and preparing cases thoroughly so we’re ready when trial dates arrive. We keep clients informed about each phase, explain what to expect, and continue pursuing settlement opportunities throughout the process.
Factors That Make Insurers More Likely to Settle
Insurers settle when trial risk exceeds settlement cost. Some factors that make the insurance company more likely to settle include:
- Strong liability evidence: Police reports citing the other driver, traffic-cam footage, witness statements
- Well-documented damages: Medical records linking all treatment to the accident, complete billing statements, and employer wage-loss letters
- Attorney reputation: Insurers track which attorneys try cases versus settle everything, and experienced trial attorneys get better offers because adjusters know they won’t accept lowball amounts
- Discovery revelations: Depositions revealing inconsistencies in the defendant’s story, surveillance footage contradicting their version, and expert witnesses providing damaging opinions
- Mounting trial costs: As the trial approaches, defense expenses accumulate (expert fees, attorney time, preparation costs), making settlement offers lower than the likely verdict plus remaining costs financially prudent
- Trial proximity: Many cases settle in the weeks before trial as both sides face the imminent reality of courtroom uncertainty
FAQ for Personal Injury Cases Going to Court
Many personal injury attorneys charge higher contingency fees if a case goes to trial rather than settling, reflecting the substantially greater time, expense, and risk involved in trial preparation and courtroom presentation. Walner Law discusses fee structures during free consultations, explaining how fees work, what costs you might incur, and how trial affects your net recovery so you can make informed decisions about settlement versus trial.
Yes. Many cases that settle do so after filing suit. Settlement discussions continue throughout litigation, and many cases resolve during discovery, at mediation, or shortly before trial as evidence mounts and both sides face the costs and uncertainty of proceeding to verdict.
Insurers track which attorneys try cases and which settle everything. Attorneys with trial experience and verdict records may get better settlement offers because adjusters know they won’t accept low amounts to avoid court. Hiring an attorney who prepares every case for trial strengthens your negotiating position from day one.
Testifying is a natural part of trial, but you won’t face it unprepared. Walner Law prepares clients thoroughly for testimony through practice sessions where we review likely questions, explain courtroom procedures, and help you present your story clearly and confidently.
If the jury awards less than a rejected settlement offer, you receive the verdict amount minus attorney fees and costs, which may result in a lower net recovery than the settlement would have provided. This is one reason Walner Law carefully evaluates every settlement offer against the strength of your evidence, likely jury responses in Cook County, and trial risks before advising whether to accept an offer or proceed to trial.
Strong Negotiation Starts with Trial Readiness
Most personal injury cases settle, but achieving fair settlements requires a combination of strong evidence, thorough case preparation, and an attorney willing to take your case to trial when insurers refuse reasonable offers.
Walner Law handles car accidents, truck crashes, slip-and-fall claims, and serious injuries across Chicago and Cook County with aggressive settlement negotiations backed by comprehensive investigation and trial preparation.
We’ve taken cases to verdict in Cook County Circuit Court, and insurers recognize our commitment to pursuing compensation through litigation when necessary. Our approach combines detailed evidence gathering, strategic negotiation, and courtroom experience to build cases that hold up under scrutiny. Call (312) 410-8496 for a free consultation.
