What happens if a case goes to trial instead of settling?
Quick Answer
What happens if a case goes to trial instead of settling?
When a personal injury case goes to trial, attorneys present evidence and witnesses to a judge or jury, who then decide liability and compensation. Trials involve more time, risk, and expense compared to settlements, but may result in higher awards.
At Rafferty Domnick Cunningham & Yaffa, we explain that while most personal injury cases settle, some proceed to trial when disputes over liability or damages arise. Trials involve formal courtroom proceedings where evidence is presented and a judge or jury decides the outcome.
What to Expect if a Personal Injury Case Goes to Trial
1. Jury Selection (Voir Dire)
Attorneys for both sides question potential jurors to ensure a fair, impartial jury is selected.
2. Opening Statements
Each side outlines their version of events and what they intend to prove during the trial.
3. Presentation of Evidence and Witness Testimony
Both sides present evidence and call witnesses, including experts, to support their arguments.
4. Cross-Examination
Attorneys challenge the opposing side’s witnesses to test their credibility and the strength of their testimony.
5. Closing Arguments
Lawyers summarize their case and make a final appeal to the jury.
6. Jury Deliberation and Verdict
The jury deliberates privately and issues a decision on liability and damages.
Pros and Cons of Going to Trial
| Trial Aspect | Pros | Cons |
|---|---|---|
| Potential for Higher Compensation | Juries may award substantial verdicts. | No guarantee; juries can award less or nothing. |
| Opportunity for Full Public Hearing | All evidence is presented publicly. | Loss of privacy; trial becomes public record. |
| Finality of Verdict | Verdict can conclusively end the case. | Appeals can prolong final resolution. |
| Increased Costs and Time | Trials are expensive and can take years to conclude. |
Frequently Asked Questions
Why do some personal injury cases go to trial?
When settlement negotiations fail due to disputed fault or disagreements over damages, trial becomes necessary to resolve the dispute.
How long does a personal injury trial take?
Trials can last from a few days to several weeks, and preparation can significantly extend the overall timeline of a case.
Is it riskier to go to trial instead of settling?
Yes. Although trial verdicts can result in higher compensation, they also come with the risk of a defense verdict (no recovery) or lower-than-expected awards.
When a Case Goes to Trial, Preparation Is Everything
Most personal injury cases settle—but when they don’t, you need a legal team prepared to win in court. At Rafferty Domnick Cunningham & Yaffa, we build strong trial strategies to fight for maximum compensation when settlement isn’t possible. Contact us today for a free consultation and learn what to expect if your case goes to trial.
