Why Most Personal Injury Cases Never Go to Trial

When someone’s negligence causes serious injury, filing a personal injury lawsuit can be a path to pursue accountability and protect your future. However, it’s important to understand that legal proceedings are rarely like what you’ve seen on TV. In reality, the vast majority of personal injury claims are resolved through negotiated settlements, rather than jury verdicts.

Settling out of court is preferable in some cases because it’s typically quicker, less expensive, and guarantees some compensation. But for more serious cases, the strength of your outcome often depends on whether your lawyer is truly prepared to take your case to trial. If negotiations do not result in a fair outcome and a trial becomes necessary, the lawyer you choose can determine whether you recover full compensation or settle for less than you deserve.

Why Do Most Personal Injury Cases Settle?

According to California public court data, 99% of personal injury lawsuits in 2025 were settled out of court. Many clients and their lawyers prefer settlement for several reasons, including:

Trials are time-consuming: Catastrophic or serious injury lawsuits can take years to resolve, often requiring extensive investigations and expert testimony. Settling allows injured victims and their families to begin to move on sooner.
Trials are expensive: Preparing for a trial requires significant resources, including expert witnesses, medical specialists, and accident reconstructionists. Resolving a case out of court can significantly reduce expenses.
Trials are risky: At the end of your trial, there is always a possibility that the jury rules against you. Settlement provides certainty, ending negotiations and ensuring your family will receive some compensation.

These factors make settlement an ideal choice in some cases. However, settling does not guarantee that compensation reflects the full extent of your losses. An early or undervalued settlement can leave injured victims and their families without the financial support they need and the justice they deserve.

How Does the Lawyer I Choose Affect My Settlement?

Defense lawyers and insurance companies evaluate not only the case, but the lawyer handling it. Many personal injury law firms, (known in the legal world as “settlement mills”), accept a high number of cases and prioritize a quick settlement. Insurers know which lawyers rarely take cases to trial, and routinely offer lower settlements to lawyers who are unlikely to fight back.

By contrast, experienced personal injury trial lawyers add leverage to your case. When you choose to work with a trial lawyer, their reputation for trial success will let insurance companies know not to undervalue the compensation you deserve, increasing your settlement offers from the start.

Why Might a Personal Injury Case Go to Trial?

Although most personal injury claims settle, there are several reasons why a trial might become necessary, including:

Denied liability: If the negligent party denies responsibility for your injuries, negotiations may stall. To ensure you receive justice, your lawyer must be prepared to present your case before a jury.
Multiple negligent parties: Catastrophic accidents are often caused by more than one at-fault party, creating complex liability issues that may require a trial.
Low settlement offers: Serious injuries may require compensation for extensive medical treatment, long-term rehabilitation, and lost earning capacity. If the defendant and their representatives attempt to undervalue what your settlement is worth, your lawyer will need to pursue justice in court.

When a trial becomes necessary, the lawyer you choose can make or break your outcome. Unlike settlement-focused lawyers, an experienced trial lawyer will be willing and able to argue your case all the way to the courtroom.

The Advantages of an Experienced Personal Injury Trial Lawyer

Working with a trial-ready lawyer adds strategic benefits to your personal injury claim. Even if your case ultimately settles, trial preparation strengthens your case at every stage.

The key benefits of an experienced trial lawyer include:

Strategic case preparation: Trial lawyers know to prepare each case as if it will end up in court. Because they are more selective with cases than settlement-only firms, trial lawyers can dedicate significant time, resources, and extensive investigations to each case. This thorough preparation strengthens your claim from the start.
Access to critical resources: Trial lawyers work with leading expert witnesses, accident reconstructionists, and medical specialists who add credibility to your claim.
Reputation for success: Insurance companies will take an experienced trial lawyer more seriously in negotiations, offering higher settlements to avoid the risk of trial.
Effective case presentation: A trial lawyer’s courtroom experience means they can communicate clearly and effectively, explaining the full extent of your injuries in a way the jury can understand. These skills not only resonate with juries but also strengthen settlement negotiations.
Client advocacy: Trial lawyers have seen firsthand how families struggle to recover financially, physically, and emotionally from catastrophic injuries, and will offer compassionate support and guidance throughout the legal process.

Thorough trial preparation does not mean your personal injury case will end up in court. It means your trial team can position your claim for maximum compensation, whether in settlement negotiations or a jury verdict.

Trusted California Personal Injury Trial Lawyers

If you’ve suffered serious personal injury due to another’s negligence, the lawyer you choose can profoundly impact the outcome of your lawsuit. From settlement negotiations to litigation, choosing a firm with proven trial experience ensures your case is positioned for the highest possible recovery.

The trial team at Rodriguez & Associates is committed to client advocacy, providing injured victims with support and guidance while taking on powerful defendants who would deny responsibility. With strategic trial preparation, access to expert witness testimony, and a tenacious courtroom reputation, our trial lawyers have recovered over $1 billion for clients and achieved numerous record settlements and verdicts.