A very common question asked by almost all new clients is will my case go to trial? Statistically, the answer is no. Less than 5% of all cases go to trial. So, the odds are any given case is likely to settle without going to trial. This then begs the questions: why do some cases go to trial, and do you have any control over whether your case goes to trial or not?

You should understand that you, as the accident victim, have a say in whether your case goes to trial or not. Your attorney needs to prepare your case to obtain the highest possible value, and take the steps to get that value, whether by settlement or trial. Part of that preparation is to give the defendant, whether it is an insurance company, a business or governmental entity, an opportunity to settle your case without going to trial. You should be given the option to consider all settlement offers, and to consider whether an offer is high enough, how much more could your case be worth, how much time and money would be required to go to trial, and what are the chances of getting more and the risk of getting less by going to trial. In other words, with the right information, you will make an infomed choice about what is best for you in your case.

As to why some cases go to trial, the answer to that is universally, because the plaintiff wants more money than what is being offered and the plaintiff believes he or she can do better at trial. Conversely, it also means that the defense beieves that the case is not worth what the plaintiff has demanded, and the defendant believes that it can do better at trial. Those are the questions that all parties face in deciding whether to go to trial or not. What is your tolerance for risk and what are the chances of getting a better result at trial are the questions that you will need to answer.


John P. Rosenberg
Connect with me
Premier Personal Injury Attorney, Speaker and Author