After an injury, you face medical bills, time off work, and stress. You also face a choice: settle your claim or take it to trial. Most cases settle. Some should go to court. Knowing why, how long each path can take, and what risks are involved helps you protect your future.
Across the United States, only a small share of civil cases end in a trial. Data from the Bureau of Justice Statistics (BJS) shows that about 3% of general civil cases in state courts were resolved by trial in a large national survey year. The rest ended earlier—often by settlement or dismissal.
Legal scholars also note a long decline in trials. In federal courts, trials fell from roughly 12% of dispositions in 1962 to under 2% decades later. The trend is the same in state courts: far fewer cases go all the way to a verdict.
Here are the main reasons so many injury cases settle:
Less risk. A settlement lets both sides control the result. A trial asks a jury to decide. That is always uncertain.
Lower cost. Trials need experts, depositions, and time in court. Those costs add up.
Faster relief. A trial can take a year or more. A fair settlement can arrive much sooner.
Privacy. Settlements are often confidential. Trials are public.
A settlement is an agreement. You accept a certain amount of money. In return, you release the other side from future claims for the same incident. Here’s the usual flow:
Treatment and proof. You get medical care. Your lawyer gathers records, bills, wage loss proof, photos, and witness statements.
Demand package. Your lawyer sends a letter that explains fault, your injuries, and all losses. It asks for a specific amount.
Negotiation. The insurer answers. The first offer is often low. Your lawyer counters with facts and law.
Mediation (sometimes). A neutral mediator helps both sides explore a deal. Many cases resolve here.
Release and payment. When both sides agree, you sign a release. The insurer sends the check to your lawyer. Your lawyer pays liens and fees, then sends you your share.
No two cases move at the same speed. Many things affect timing: injury severity, how clear fault is, and the insurer’s approach. A simple car crash with clear fault can settle in a few months. If your injuries are serious and ongoing, you may wait until doctors can estimate future care. Some Pennsylvania firms describe common ranges like a few months for simpler claims and 12–24 months when a lawsuit is filed and discovery is needed. These are practical guides, not hard rules, but they reflect real experience.
Most cases that settle still follow court deadlines for a time. Filing a lawsuit does not close the door on settlement. In fact, many cases settle during discovery, at mediation, or even on the courthouse steps. Discovery—exchanging documents and taking depositions—often clarifies strengths and weaknesses for both sides. That pressure can lead to a deal.
Settlement—pros
Quicker access to funds you need now.
Less stress and uncertainty.
Lower costs.
Privacy.
Settlement—cons
You might accept less than a jury could award.
No public finding about what happened.
Trial—pros
A jury can award full damages when proof is strong.
Public accountability can matter in safety cases.
A verdict may include non‑economic harm a low settlement ignored.
Trial—cons
Outcome risk: a jury may award less—or nothing.
Delays: trials can take a year or more.
Cost: experts and trial prep are expensive.
Numbers vary by case type and injury. In a BJS review of tort trials in large state courts, motor vehicle cases with plaintiff wins had a median award of about $15,000. Some categories, like product liability or medical malpractice, showed much higher medians, but those cases are rarer and more complex. These figures show how wide the range can be, and why careful valuation matters.
Insurers manage risk and costs. Adjusters look for reasons to discount your claim:
Gaps in treatment. Missed appointments suggest the injury is minor.
Limited records. Sparse notes or missing diagnostics weaken proof.
Disputed fault. If they can assign you part of the blame, they reduce what they offer.
Future care doubts. Without clear medical opinions, they push back on future costs.
A strong paper trail pushes the number up: complete records, consistent care, and clear evidence of how the injury changed your work and life.
You should consider trial when:
The offer is far below your documented losses. If medical bills, lost wages, and future care dwarf the offer, trial risk may be worth it.
Fault is clear and well‑supported. Police reports, videos, and neutral witnesses help.
The harm is life‑changing. Catastrophic injuries often require expert testimony and may deserve a jury’s full attention.
You want public accountability. Some cases matter beyond money—exposing a dangerous practice can protect others.
Once you file suit, your case follows a series of steps:
Pleadings. The complaint and the defense’s answer set the issues.
Discovery. Each side exchanges records, asks written questions, and takes depositions.
Experts. Doctors explain injury and future care. Reconstruction experts explain how a crash happened. Vocational and economic experts explain wage loss.
Motions. The court may rule on what evidence the jury will hear.
Mediation or pre‑trial conference. The judge may urge a settlement.
Trial. Most personal injury trials last days to a couple of weeks, but the full journey from filing to verdict can take a year or more, depending on the court’s calendar.
If you settle, you may face a choice: take one lump sum or spread payments over time through a structured settlement. Each has pros and cons. A recent consumer finance piece notes many people regret quick lump‑sum spending, while most annuity recipients report steady satisfaction and better budgeting. Your needs may be different, so careful planning is key.
Get care right away. Medical records close in time to the event tie injuries to the crash.
Follow treatment. Consistent care shows the injury is real and ongoing.
Document everything. Keep bills, mileage to appointments, and notes on pain and limits.
Capture evidence early. Photos, video, and witness contacts fade with time.
Stay careful on social media. Posts can be taken out of context.
Talk to a lawyer early. Good guidance can prevent mistakes that shrink value.
Pennsylvania follows modified comparative negligence in injury cases. If you are 51% or more at fault, you cannot recover. If you are 50% or less at fault, you can recover, but your award is reduced by your share of fault. This rule shapes offers and verdicts. Solid evidence that lowers your percentage of fault increases value and leverage in talks—and in front of a jury. (Background rule referenced here; if you’d like, I can attach a plain‑English explainer dedicated to that topic.)
Mediation is a meeting with a neutral third person who helps both sides explore solutions. It is common in injury cases and can speed resolution.
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