What Determines If A Personal Injury Claim Will Go To Trial?

What Determines If A Personal Injury Claim Will Go To Trial?

Vehicular accidents are a leading cause of personal injuries across the United States and according to the Centers for Disease Control and Prevention, they are also the leading cause of death in the country. In 2015, there were over 35,000 fatalities from motor vehicle accidents. As a result, vehicular crashes account for the most common reason for filing personal injury claims. These claims can either be settled out of court, or they can go to trial. Statistically, most personal injury claims are settled out of court and will not go to trial. There are a variety of reasons why. 

What you need to know is regardless of how you obtain your settlement whether it is out of court or after a trial, the assistance of a Phoenix serious injury attorney is critical to ensure the outcome is fair. Your legal representation will help examine your case and fight on your behalf to help you see the highest amount of compensation possible for your damages. So what are the reasons why most claims don’t see their day in court?

The Outcomes Are Unpredictable

When a case goes to trial, there is a jury that will decide the outcome and it is unknown how they will react. People are unpredictable and the way one person views evidence can be vastly different from another’s perspective. Unfavorable outcomes are a possibility for both sides. This is why both parties tend to prefer to keep greater control by negotiating together and settling without taking the risk of a jury’s decision.


Going to trial is an expensive process. Professionals in the field who deal with personal injury claims regularly such as insurance companies, as well as personal injury attorneys, have plenty of experience with injuries and damages to determine fairly accurate values for the claims they see. While a plaintiff has the potential to obtain a very large award by a jury, the risk involved in allowing a jury to decide the outcome in most cases is too high. For the majority of situations, your attorney will likely opt for working through the process out of court where there is more reliability in terms of the final result.

Time Effectiveness

Most trials are the result of two parties that can’t agree. If negotiations stall and there is no forward progress, the desire for those involved to see an end to their claim will increase. People generally don’t want to have these situations drag on for long periods. If there is no budging and a deal can’t be reached between parties, a trial will provide an end to the claim and allow everyone to move on from the incident.

Have You Been Injured In A Phoenix Car Accident And Need Legal Representation?

What Determines If A Personal Injury Claim Will Go To Trial?ELG’s team of experienced Phoenix automobile accident attorneys have years of experience assisting victims of car accidents that are not their fault. We will review your accident experience and provide you with the effective legal representation you need to see your best outcome and the highest amount of compensation for your damages. 

After an accident, ELG’s team of aggressive Arizona personal injury lawyers is here to help you through the personal injury claim process. Call us today at (623) 562-3838 and set up a free consultation at either our Phoenix or Mesa personal injury law offices.