The vast majority of personal injury cases never see the inside of a courtroom. Most settle through negotiation, and of those that do reach trial, nearly all are decided by a jury rather than a judge alone.
However, an experienced Marietta personal injury lawyer prepares every case for trial. Preparation ensures your lawyer is ready for anything, and completing a thorough discovery process often puts your lawyer in a stronger position for negotiations.
Why do most personal injury cases settle before trial?
According to the U.S. Courts’ 2024 Judicial Business report, fewer than 1% of civil cases filed in federal district courts reach a jury trial. State court rates are similarly low, and legal practitioners widely estimate that 95% or more of personal injury cases resolve before trial.
Trials are expensive, time-consuming, unpredictable, and require considerably more preparation than settlement negotiations. Even in cases with evidence overwhelmingly favoring the plaintiff, there’s a chance the jury will favor the defendant.
Even if a settlement offer is less than the full value of the claim, it still provides guaranteed compensation. Insurance companies also find that settling often costs less than taking a case to trial.
What happens during the pre-trial process in a personal injury case?
The pretrial phase is the case-building phase, also known as the discovery period. During this six-month — often six months or longer in complex cases — each side exchanges information (such as your medical records or the defendant’s safety and maintenance records), interviews witnesses, and investigates the matter to gather evidence.
There are also pretrial motions and hearings, ranging from scheduling matters like setting trial dates and other events to petitioning the judge to rule on certain matters (like a change in jurisdiction) or whether a specific piece of evidence or testimony can be used at trial.
What factors make a personal injury case more likely to go to trial?
When the facts of the case and liability are both in dispute, such as in situations where both sides may have contributed fault for the accident, or when there isn’t enough evidence to determine liability, the likelihood of the case going to trial increases.
The defendant may feel they stand a good chance of winning the trial and therefore may not extend a settlement offer, for example. Or, if there’s a settlement offer but it’s low, the plaintiff may decide it isn’t enough to cover their losses or future needs and may believe they can get a higher amount from a jury.
There’s another reason that a plaintiff may refuse a settlement offer and push for trial: If their personal injury attorney believes that punitive damages are warranted. Punitive damages, sometimes called exemplary damages, aren’t available in every case. In Georgia, punitive damages are governed by specific statutory requirements under O.C.G.A. § 51-12-5.1 and are reserved for cases involving willful misconduct, fraud, or wanton disregard for others.
What is the difference between settling out of court and going to trial?
Settling a case out of court usually involves negotiations between the two parties (and their legal representatives). Each side may present evidence to the other to clarify or strengthen their position, such as medical records from post-accident treatment and doctors’ affidavits stating the plaintiff’s future medical needs. These can help establish the value of injury claims and set a baseline for negotiating future damages.
In a trial, each side presents its evidence to a judge or jury, who will decide the matter. In Georgia, personal injury claims are civil matters governed by the Georgia Civil Practice Act. Cases are decided by a preponderance of the evidence, a lower standard than criminal cases.
How do insurance companies decide whether to settle a claim?
The majority of personal injury claims cost an insurer less to settle than to litigate. Usually, if the case is of a lower value, they’ll settle it unless it’s clearly without merit. Or, if the defendant does not want the details of the lawsuit to become public knowledge, they may settle before the complaint and supporting evidence are entered into the public record.
If the case is high-value and liability or damages are heavily disputed, the insurance company may decide litigation is worth the financial risk.
What should you expect if your personal injury case goes to trial?
Expect your medical records and actions to be heavily scrutinized; the defense will work to shift blame onto you or dispute the severity of your injuries. You may also hear arguments or statements from the defense that feel unfair or inaccurate.
Personal injury trials can take weeks and often involve emotionally taxing cross-examination, where the defense attorney will press you on the details of the accident, your medical history, and your daily limitations. Trust your attorney’s guidance; they know how to counter these tactics and keep the focus on the evidence.
Speak with a Marietta personal injury lawyer about your claim and legal options
If you’ve been injured in an accident caused by someone else’s negligence, Schnyder Law Firm can review your case and help you decide whether a settlement or a trial is the right path forward. Under O.C.G.A. § 9-3-33, Georgia gives you two years from the date of your injury to file a personal injury claim. Call (470) 729-9799 or contact us online to schedule your free consultation with an experienced personal injury lawyer.
