No, you don’t have to go to court in most personal injury cases. The truth is, about 95% of personal injury cases settle before trial. That means only a tiny fraction of cases ever see the inside of a courtroom.
If you’ve been hurt in an accident, the idea of going to court might feel scary. Good news: most claims get solved through talks with insurance companies. This article will walk you through when cases settle, when they go to trial, and what you can expect along the way.
Why Most Personal Injury Cases Don’t Go to Trial
Think of a trial as the last option when everything else doesn’t work. Both sides usually want to avoid it.
Trials Are Expensive
Going to court costs a lot of money. Insurance companies have to hire experts, track down evidence, and pay for costly court appearances. Your lawyer needs to prepare witnesses, create exhibits, and spend days or weeks in court. All these costs add up fast.
When you settle, you skip most of these extra costs. That means more money stays in your pocket instead of going to court fees.
Trials Take a Long Time
The median length of time from filing a lawsuit to resolution for personal injury cases is around two years for cases that go to trial. That’s a long time to wait when you have medical bills piling up and can’t work.
Settlements happen much faster. Many cases wrap up in months instead of years. You get your money sooner and can move forward with your life.
Nobody Knows What Will Happen
Trials are risky for everyone. You might win big, or you could walk away with nothing. The plaintiff and defense lawyers can approve or reject certain jury members, but once the jury is seated, the outcome is uncertain.
With a settlement, both sides agree on an amount. You know exactly what you’re getting. There are no surprises.
Trials Are Stressful
Having to tell your story in front of strangers can be hard. You might need to talk about painful memories or personal health problems. A trial can be a stressful, grueling process, and the prospect of having personal matters aired in public can be quite unnerving.
Settlements are private. You don’t have to worry about what gets said in a public courtroom.
How the Settlement Process Works
Most personal injury cases follow a similar path to settlement.
Step 1: You File a Claim
After you get hurt, your lawyer files a claim with the insurance company. This tells them you want money for your injuries. The insurance company assigns someone called an adjuster to look at your case.
Step 2: You Gather Evidence
Your lawyer collects proof to show what happened and how badly you were hurt. This includes:
- Medical records and bills
- Photos of your injuries
- Police reports
- Witness statements
- Pay stubs showing lost wages
- Doctor’s notes about future treatment
The stronger your evidence, the better your chances of a good settlement.
Step 3: You Send a Demand Letter
Your lawyer writes a letter to the insurance company. This letter explains what happened, why the other person is at fault, how much your injuries cost, and how much money you want.
The demand usually asks for more than you expect to get. This gives room to negotiate.
Step 4: The Insurance Company Responds
The insurance adjuster tells you what’s wrong with your claim—for example, there are questions about who was at fault, or that your lengthy physical therapy seems excessive. They offer a lower amount than you asked for.
This is normal. Insurance companies almost always start low.
Step 5: You Negotiate Back and Forth
You and the adjuster go through a process of testing each other, sometimes in just two or three emails or phone calls. Your lawyer responds to their concerns and explains why you deserve more money.
This back-and-forth continues until you reach a number that both sides can accept.
Step 6: You Sign the Agreement
Once you agree on an amount, you sign papers that say you won’t ask for more money later. The insurance company sends you a check, usually within a few weeks.
When Do Personal Injury Cases Go to Trial?
Even though most cases settle, some do end up in court. Here’s when that might happen.
The Insurance Company Won’t Pay Fairly
Sometimes insurance companies refuse to offer enough money. They might say you’re lying about your injuries or that you caused the accident. If they won’t budge, going to trial might be your only choice.
Your lawyer will tell you if the offers are too low and if a trial makes sense.
There’s a Big Disagreement About Fault
The most common reason for a trial is a fundamental disagreement over who is at fault. If both sides have different stories about what happened, a judge or jury might need to decide.
For example, in a car accident, both drivers might claim the other one ran a red light. If nobody can prove who’s right, the case might go to trial.
Your Injuries Are Very Serious
Cases with catastrophic injuries or wrongful death often involve huge amounts of money. Insurance companies fight harder when the stakes are high. These cases are more likely to go to trial.
The Other Side Is Being Dishonest
If the defendant lies or hides evidence, you might need a trial to expose the truth. A judge can order people to turn over documents or testify under oath.
What Happens If Your Case Goes to Trial?
If you do end up in court, here’s what to expect.
Filing the Lawsuit
Your lawyer files papers with the court explaining your case. These papers are called a complaint. The other side has to respond within a certain time.
Discovery
Both sides share information and evidence. This phase can take months. Your lawyer might ask the other side questions in writing or take their testimony in person.
The other side can do the same to you. You might need to give a deposition where you answer questions under oath.
Pre-Trial Motions
Lawyers on both sides might ask the judge to make decisions before trial. They might want certain evidence thrown out or the case dismissed.
Picking a Jury
If your case goes to trial, a jury gets selected. The attorneys from both sides question potential jurors about their backgrounds, relevant beliefs, and potential biases. Both sides can reject jurors they don’t want.
The Trial Itself
Each party will have a chance to explain their own perception of what happened, the outcomes of that accident and the injuries, the amount of medical bills, lost wages, pain and suffering and other monetary factors.
Your lawyer presents your side first. They call witnesses and show evidence. The other side’s lawyer can ask questions. Then the defendant’s side presents their case.
The average physical trial time was three to five days for auto accidents and slip and fall cases. More complex cases like medical malpractice can take longer.
The Verdict
After both sides finish, the jury talks privately and makes a decision. They decide if the defendant is responsible and how much money you should get.
Over 90 percent of cases that go to trial end in victory for the individual who brought the suit. But remember, there’s still that small chance you could lose.
Pros and Cons of Settling vs. Going to Trial
Both options have good and bad points.
Benefits of Settling
- You get money faster
- Lower costs and fees
- No risk of losing everything
- Private process
- You control the outcome
- Less stress
Drawbacks of Settling
- You might get less money than a jury would award
- You can’t ask for more later
- The other side doesn’t admit fault
Benefits of Going to Trial
- You might win more money
- A jury might side with you emotionally
- The defendant has to publicly face what they did
- You get your day in court
Drawbacks of Going to Trial
- Takes years to finish
- Costs more money
- You could lose and get nothing
- Very stressful
- Outcome is uncertain
- Your personal life becomes public
Factors That Affect Whether You Should Settle or Go to Trial
Deciding whether to settle or go to trial is big. Your lawyer can help you think through these questions.
How Strong Is Your Case?
Do you have clear proof the other person caused your injuries? Are your medical records complete? If you have clear proof of the other party’s negligence and your injuries are well-documented, you have a strong case.
Strong cases get better settlement offers. Weak cases might need to go to trial if the insurance company won’t pay.
Is the Settlement Offer Fair?
Your lawyer will tell you if the offer covers your costs. A reasonable offer that covers your medical expenses, lost wages, and provides for your pain and suffering may be preferable to the risks of a trial.
If the offer is way too low, it might be worth the risk of going to trial.
Can You Handle the Stress?
A trial can be a long, stressful, and public process. You should consider your own financial stability, your ability to handle the emotional strain of a courtroom battle, and your desire for privacy.
Be honest with yourself about whether you can handle months or years of legal battles.
What Does Your Lawyer Recommend?
An experienced personal injury attorney has the legal knowledge and courtroom experience to provide an objective assessment of your chances at trial versus the benefits of a settlement.
Listen to their advice. They’ve seen many cases like yours and know what usually works.
Special Considerations in Colorado Personal Injury Cases
Colorado has some specific rules that affect personal injury cases.
You Have Two Years to File
Under Colorado law, you have only two years to file a lawsuit from the auto accident or injury date. If you wait too long, you lose your right to sue.
Don’t delay in talking to a lawyer. Time goes by faster than you think.
Colorado’s Comparative Fault Rule
In Colorado, you can still get money even if you were partly at fault for the accident. But your payment gets reduced by your percentage of fault.
If you were 20% responsible and your damages are $100,000, you would get $80,000. If you were more than 50% at fault for the accident, you won’t receive a judgment because you were at least half responsible.
Mediation Might Be Required
Some courts in Colorado require you to try mediation before going to trial. The legal system usually requires the parties to participate in alternative dispute resolution, where both sides go through mediation with a trained professional.
Mediation gives you another chance to settle before spending time and money on a trial.
How Long Does the Whole Process Take?
The timeline depends on many factors.
For Settlements
Half of all auto vehicle personal injury cases were settled within 14 months. Simple cases with clear fault and minor injuries might settle in a few months. Complex cases with serious injuries can take a year or more.
The biggest factor is your medical treatment. You shouldn’t settle until you know the full extent of your injuries and future medical needs.
For Trials
If your case goes to trial, expect it to take much longer. Cases that go to trial typically take up to 2 years, unlike those that settle out of court.
The court system has many cases waiting. Getting a trial date can take months. Then if someone appeals the verdict, it can take even more years.
Do You Need a Lawyer?
You can handle a small claim on your own, but most people benefit from having a lawyer.
Why Lawyers Help
About 91% of those with an experienced personal injury attorney receive settlement payout, versus only about 51% of those who go without legal representation.
Lawyers know how to:
- Value your claim correctly
- Gather the right evidence
- Negotiate with insurance companies
- Prepare your case for trial
- Handle all the paperwork
- Meet important deadlines
At CO Trial Lawyers, we handle cases involving truck accidents, motorcycle crashes, slip and falls, and more.
Most Lawyers Work on Contingency
You don’t pay unless you win. Your lawyer takes a percentage of your settlement or verdict. If you don’t get money, you don’t owe legal fees.
This means anyone can afford a good lawyer, regardless of how much money they have right now.
What Damages Can You Recover?
Whether you settle or go to trial, you can ask for money to cover different types of losses.
Medical Expenses
All the costs of treating your injuries:
- Emergency room visits
- Hospital stays
- Doctor appointments
- Surgery
- Physical therapy
- Medications
- Medical equipment
- Future treatment you’ll need
Lost Income
Money you couldn’t earn because of your injuries:
- Wages you missed while recovering
- Vacation days you had to use
- Lost earning capacity if you can’t return to your old job
- Benefits you lost
Pain and Suffering
Money for the physical pain and emotional harm you experienced. This includes:
- Physical pain from your injuries
- Emotional distress and anxiety
- Loss of enjoyment of life
- Difficulty sleeping
- Depression
- Scarring or disfigurement
Other Damages
- Property damage (like your damaged vehicle)
- Out-of-pocket expenses
- Household help you needed
- Changes to your home for disabilities
The median award is $31,000 for all personal injury cases, though awards vary widely based on injury severity.
Common Mistakes to Avoid
Don’t hurt your case by making these errors.
Talking to the Insurance Company Alone
Insurance adjusters are trained to get you to say things that hurt your claim. They might sound friendly, but they work for the insurance company, not you.
Let your lawyer handle all communication with insurance companies.
Posting on Social Media
Insurance companies look at your Facebook, Instagram, and other accounts. Photos of you looking happy or doing activities can be used to claim you’re not really hurt.
Make your accounts private and don’t post anything about your accident or injuries.
Accepting the First Offer
About 70% of respondents who negotiated and waited to receive a higher offer recovered an average settlement of $42,500, while the 30% who accepted the first offer received $11,800.
The first offer is almost always too low. Be patient and negotiate.
Waiting Too Long to See a Doctor
If you don’t get medical help right away, the insurance company will say you weren’t really hurt. See a doctor as soon as possible after your accident.
Follow all your doctor’s orders and go to all appointments.
Giving Up Too Soon
Some insurance companies drag things out, hoping you’ll give up or accept less. Don’t let them wear you down. Your lawyer will keep pushing for fair payment.
What to Expect During Settlement Talks
Understanding the process helps you know what’s normal.
The Insurance Company Will Question Everything
Insurance adjusters have a right to ask questions and dispute facts in an attempt to limit your right to compensation. They might question:
- Whether their policy covers the accident
- Who was really at fault
- How badly you were hurt
- Whether your treatment was necessary
- If you had previous injuries
Your lawyer knows how to respond to these tactics.
Negotiations Take Time
You and the adjuster go through a process of testing each other, sometimes in just two or three emails or phone calls. Sometimes it takes longer. Stay patient.
You Don’t Have to Accept Any Offer
Every offer is just that—an offer. You can say no and make a counter-offer. You can also walk away and go to trial if the insurance company won’t be fair.
Your lawyer will tell you when an offer is good enough to accept.
Types of Cases More Likely to Go to Trial
Some types of injury cases end up in court more often than others.
Medical Malpractice
Just 19% of plaintiffs were successful in medical malpractice trials, which demonstrates just how hard it is to prove medical negligence. These cases are complex and expensive to prove. Insurance companies often refuse to settle.
If you need help with a birth injury case, experienced lawyers can guide you through this difficult process.
Product Liability
When a defective product hurts you, the manufacturer might fight hard to avoid responsibility. Product liability cases have seen a 73% increase from 2013 to 2022.
Cases with Permanent Injuries
Traumatic brain injuries, spinal cord injuries, and other permanent harm often involve large amounts of money. Insurance companies resist paying big claims.
Cases Where Fault Is Disputed
If both sides tell different stories about what happened, a jury might need to decide who’s telling the truth.
Preparing Your Case for Trial (Even If You Settle)
Smart lawyers prepare every case as if it will go to trial, even though most settle.
Why This Matters
It’s critical that every single case be prepared as if you’re going to trial, as thorough preparation is a key negotiating tool, giving insurers an extra incentive to pay a fair value on a claim.
When insurance companies see you’re ready for trial, they take your claim seriously. They know you’re not bluffing.
What Preparation Includes
- Gathering all evidence
- Finding expert witnesses
- Taking depositions
- Creating demonstrative exhibits
- Researching the law
- Planning trial strategy
All this work happens behind the scenes. It makes your case stronger and your settlement better.
Questions to Ask Your Lawyer
When you meet with a personal injury attorney, ask:
- How many cases like mine have you handled?
- What percentage of your cases go to trial?
- When was the last time you tried a case in court?
- What do you think my case is worth?
- How long will my case take?
- What are the chances I’ll need to go to trial?
- What are the pros and cons of settling vs. going to trial?
- How will you keep me updated?
Good lawyers answer these questions honestly. They explain things in plain English, not legal jargon.
Insurance Company Tactics to Watch For
Insurance companies use tricks to pay you less. Your lawyer protects you from these tactics.
Delaying Your Claim
They take forever to respond or ask for the same documents multiple times. They hope you’ll get desperate and accept less.
Denying Clear Liability
Even when their driver was obviously at fault, they might claim you caused the accident.
Saying Your Injuries Aren’t That Bad
They might claim you’re faking or exaggerating your pain. They’ll say you didn’t need all that treatment.
Offering Quick Money
Right after your accident, they might offer a small amount to settle fast. This is before you know how badly you’re really hurt.
Never settle until your doctor says you’ve reached maximum recovery.
Using Your Words Against You
They record conversations and look for anything you say that could hurt your claim. That’s why you should let your lawyer do the talking.
What Happens After You Settle
Once you accept a settlement, here’s what comes next.
You Sign a Release
This legal document says you agree to the settlement amount and won’t sue for more money later. Read it carefully before signing.
The release is final. You can’t change your mind.
The Check Arrives
The insurance company sends money to your lawyer’s office, usually within 30 days. Your lawyer deposits it in a special trust account.
Paying Bills and Fees
Your lawyer takes out:
- Their fee (usually 33-40% of the settlement)
- Costs they paid for your case
- Medical bills that need to be paid back
- Any liens on your case
You get what’s left. Your lawyer will give you a written statement showing where all the money went.
Moving Forward
Once everything is paid, you can finally put the accident behind you and focus on your future.
Final Thoughts
Most personal injury cases never see the inside of a courtroom. About 95% settle through negotiations with insurance companies. This saves time, money, and stress for everyone involved.
But settlement isn’t automatic. You need strong evidence, good legal help, and patience. Insurance companies won’t just hand over fair money because you ask nicely. You have to prove your case and negotiate firmly.
If settlement talks fail, going to trial is always an option. Your lawyer will help you decide if trial makes sense for your situation. Either way, the goal is getting you fair payment for your injuries so you can move forward with your life.
If you’ve been hurt in an accident in Colorado, don’t wait to get help. The clock is ticking on your right to file a claim. Contact us for a free consultation. We’ll review your case, answer your questions, and explain your options. You pay nothing unless we win your case.
Remember: you don’t have to face insurance companies alone. Having an experienced lawyer on your side makes all the difference in getting the compensation you deserve.