Will Your Personal Injury Case Go to Trial? The Surprising Answer
When clients walk into my office after getting hurt in a car accident, one of their first questions is usually: "Will we have to go to trial?" Many people think that hiring a personal injury lawyer means they'll automatically end up in court. (And many people don’t want to go!) But that is very unlikely. Here's the good news: your case will almost certainly never see the inside of a courtroom.
About 96% of personal injury cases settle before trial. That means only 4 out of every 100 cases actually go to trial. For car accident cases, the numbers are even better for avoiding trial.
The numbers show just how rare trials have become. Back in 1962, about 5.5% of federal civil cases went to jury trial. By 2020, only 0.48% did. That's a huge drop. State courts show the same pattern. In 1976, about 1.8% of civil cases in state courts went to jury trial. By 2002, it was down to 0.6%. Today, some courts see jury trial rates as low as 0.04%!
Photo by Wesley Tingey on Unsplash
Why Car Accident Cases Almost Never Go to Trial
Car accident cases are especially likely to settle rather than go to trial. There are several reasons why.
Insurance companies know that going to trial costs a lot of money. A typical trial can cost them $50,000 to $150,000 just in legal fees. That doesn't include the risk that a jury might award more money than they expected. So they'd rather settle for a reasonable amount than gamble in court.
Car accident cases are also pretty predictable. When someone runs a red light and hits another car, it's usually clear who was at fault. The medical bills and lost wages are easy to calculate. When both sides can see what the case is worth, it's easier to agree on a settlement.
Time is another big factor. If your case goes to trial, it could take 2-3 years to get there. During that time, you're dealing with medical bills and maybe can't work. Settlement gets you money much faster.
Even strong cases have risks at trial. Juries can be unpredictable. A witness might not show up or might say something different than expected. Your medical condition might change. Bad publicity about the accident could affect how jurors see your case. Settlement lets you avoid all these unknowns.
How Cases Actually Get Resolved
Most personal injury cases today get resolved through a process that's designed to avoid trial. Many cases settle before we even file a lawsuit. Usually, it involves us sending a demand. If insurance makes an offer to you shortly after an accident and you are still treating, you should not accept it or talk to an attorney before you do so!
If we can't settle before filing suit, that doesn't mean we're heading to trial. It means we're entering a process that's still focused on settlement. Most courts require mediation, where a neutral person helps both sides negotiate. Mediation often can resolve your case.
Some cases use arbitration instead of trial. This is like a mini-trial where one person (instead of a jury) decides the case. It's faster and cheaper than a real trial, and many insurance policies require it for smaller claims.
Knowing that your case will probably settle should make you feel better about hiring a lawyer. When we take your case, we're planning for settlement while getting ready for the small chance of trial.
Settlement has many advantages over trial. You know exactly how much money you'll get, with no risk of losing at trial, and its sooner Your personal information stays private instead of becoming part of public court records. You get your money much faster. You don't have to testify or face tough questions from the other lawyer. And you don't have to worry about the other side appealing the decision.
The few cases that do go to trial usually involve situations where it's really unclear who caused the accident, or where someone was hurt so badly that the insurance isn't enough to cover their damages. It also happens when insurance fails to acknowledge the injuries or a company will not accept fault for hurting you. Even then, many cases settle during the trial or right after the jury decides.
Why We Still Prepare for Trial
Even though trials are rare, we still prepare every case like it might go to trial. This is important for getting you the best resolution. Insurance companies and their lawyers know which attorneys are really ready for trial and which ones just want to settle quickly for less money. When they know we're prepared to go to trial if needed, they offer more money to settle.
This means we investigate your accident thoroughly, hire expert witnesses when needed, get all your medical records organized, and calculate all your damages carefully. All of this work makes your case stronger and shows the other side we mean business.
Trials are becoming even rarer as time goes on. Courts are encouraging people to use mediation and arbitration instead of trials. Insurance companies are getting better at figuring out what cases are worth using computer analysis. The legal system keeps finding new ways to resolve cases without trials.
For people hurt in car accidents in New Mexico, this is good news. Our state's laws protect injury victims while offering many ways to get fair compensation without the stress and uncertainty of trial.
Every case is different, though. Some situations might be worth pushing toward trial. These include cases where the insurance company is acting in bad faith, disputes about permanent disability, or cases where punitive damages might apply. But these are rare exceptions.
As your lawyer, I'll look at your specific situation, explain your realistic options, and help you choose the best path forward. Whether that's early settlement, mediation, arbitration, or the rare case that goes to trial, you can feel confident knowing that almost all cases like yours end up resolved successfully without ever going to court.
The bottom line is simple: while we prepare every case for the possibility of trial, your personal injury case will almost certainly be resolved through skilled negotiation. This lets you focus on getting better instead of worrying about court or what may happen there.
