Personal Injury Law Blog

What Percentage of Personal Injury Cases Go to Trial

Wondering what percentage of personal injury cases go to trial in Burbank, California? At Glotzer & Leib, LLP, we find that courtroom trials in personal injury law are far less common than many people might think.

Only a small fraction of personal injury claims ever reach a courtroom. The vast majority, around 95 to 96 percent, are resolved through settlement. That leaves just 4 to 5 percent of these cases that ultimately go to trial. That number reveals a lot about how these cases are typically resolved; and what that means for you.

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Reasons Why Most Personal Injury Cases Do Not Go to Court

Most personal injury lawsuits are resolved during the pre-trial stage for key reasons. Settlements are faster, less expensive, and less emotionally exhausting than courtroom proceedings.

After a lawsuit is initiated, you become the plaintiff, and the person who injured you becomes the defendant. Lawyers for both sides, including representatives for the insurer, begin gathering facts through a process known as discovery. This may involve exchanging documents, submitting written questions (interrogatories), or conducting depositions, interviews taken under oath. Following discovery, many cases are resolved through settlement. According to the American Bar Association, only a small percentage of personal injury lawsuits proceed to trial.

The cost and uncertainty of trial often push both sides to settle early. Unpredictable outcomes make insurers and injured parties alike more willing to avoid court.

Reasons Why Some Personal Injury Cases Go to Trial

Still, some cases do end up in front of a jury. When the parties can’t agree on who was at fault or how much compensation is fair, trial becomes the next step.

For example, if the insurance company firmly denies liability or makes an offer that is significantly lower than what appears reasonable, your legal team may determine that taking the case to court is the best route to pursue full compensation. Disagreements over medical evidence or long-term damages are also common triggers for trial.

Some personal injury cases involve complex facts or multiple parties, making settlement more difficult. In those situations, resolving the matter in court might be necessary.

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At Glotzer & Leib, LLP, we believe every injury victim deserves experienced, dedicated representation, without being treated like just another case. With decades of experience and a track record of seven-figure results, we take on powerful insurance companies and fight for those whose lives have been disrupted by serious motor vehicle accident, a workplace injury, or any type of personal injury claim. You’re not just a case to us, you’re our priority.

Effective Ways to Settle a Personal Injury Case Before Trial

Settlement negotiations can begin at any point—before filing a lawsuit, during discovery, or even just before trial begins. Having legal guidance early on can help you explore every option for reaching a resolution without the need for a court appearance.

Mediation and arbitration are two common alternatives. These methods allow both sides to negotiate with the help of a neutral third party. They’re less formal than a trial but can still lead to a fair outcome.

Should You Push for Your Personal Injury Claim to Go to Court?

Only if the facts of your case demand it.

Trials can be risky and time-consuming. There are moments when they are necessary to pursue the justice and compensation you deserve. Going to court might be the best path forward if you’ve received a lowball offer or your injuries have led to long-term consequences.

But that’s a decision to make with trusted legal guidance. An attorney will help you consider both the potential challenges and possible outcomes based on your individual situation, including how likely it is that your case will fall into the small group that does go to trial. Understanding what percentage of personal injury cases go to trial helps put those options into clearer perspective.

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How a Personal Injury Lawyer Can Help You Resolve Your Case Without Going to Trial

An attorney is more than someone who files paperwork. They serve as your negotiator, advocate, and strategist.

As noted by the American Bar Association, settling a personal injury case typically involves agreeing to accept compensation in exchange for dropping the legal claim against the at-fault party. This includes signing a release that frees the other side from further liability. A lawyer plays a crucial role in this process by offering a realistic evaluation of the case’s potential success at trial. Settlement discussions can happen at any point, even after the trial has begun, but before a jury delivers a verdict.

In Burbank, a personal injury lawyer familiar with local court procedures and insurance practices can make a huge difference in the outcome.

Contact a California Personal Injury Lawyer

Considering a personal injury claim and asking yourself what percentage of personal injury cases go to trial? Most don’t, but the ones that do require confident legal support from start to finish. At Glotzer & Leib, LLP, we work with clients in Burbank and across California to pursue fair resolutions.

Contact us today at 747-241-8288 or visit us at 1023 N Hollywood Way Suite 202, Burbank, CA 91505 to learn how we can help you.

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Joshua W. Glotzer

Joshua W. Glotzer is a Super Lawyers-recognized personal injury attorney and Managing Partner at Glotzer & Leib, LLP. With over 25 years of experience and multiple seven-figure recoveries, he handles complex cases involving car accidents, slip and falls, and elder abuse. Known for his personalized, results-driven approach, Glotzer ensures every client receives the skilled representation they deserve.

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