We’ve likely all heard at least one story about a lengthy court battle following an accident. And in our busy world, time is something you can’t get back. Often, the timeline is one of the biggest concerns clients have when filing a lawsuit.
How long will all of this take? Will it be worth it?
These questions come up in many consultations. People imagine a process that takes over their lives with months of hearings and crowded courtrooms. The truth is more practical. Most cases resolve through negotiation and never even reach a courtroom.
The bottom line: A lawsuit does not automatically send someone into months or years of litigation. It simply keeps the path open to pursue fair compensation when an insurer refuses to resolve the claim.
Do most personal injury cases go to trial?
The statute of limitations in California generally allows personal injury claims to be filed within two years of the injury, and almost all personal injury cases settle before trial. According to an independent 2017 survey, less than 5% of all claims reported by respondents reached the court for trial. In personal injury cases filed in federal court from 2019 to 2023, fewer than 1% made it to a jury verdict.
Why Most Cases Settle
Insurance companies will often settle to avoid uncertainty, which could be costly.
Imagine you file a claim after a car accident. If the claim goes to trial, your opening statement about the pain and suffering caused by the accident might sway the jury. Suppose you also have substantial evidence to support your personal injury claim, such as medical records, witness testimonies, and even photographic evidence. After a strong closing argument from your lawyer, the jury may then determine that you deserve more compensation than you initially requested to compensate you adequately.
Situations like this make trials unpredictable for insurers. Rather than risk a higher verdict, many choose to resolve the case through settlement.
What Settlement Actually Looks Like
Many people picture a settlement as a brief conversation followed by a quick check. In reality, the process is a little more structured. Understanding how it works can make the timeline feel more manageable and help you see what each stage accomplishes.
A typical settlement process involves:
- Evaluating your injuries and losses: Your legal team gathers medical records, bills, proof of lost income, and other documentation that shows how the accident changed your daily life. This information forms the basis of your claim.
- Building the demand package: Once treatment is stable or complete, your lawyer prepares a detailed demand that explains the facts of the crash and the harm caused. It also outlines the compensation needed to support your recovery.
- Review and response from the insurer: The insurance company examines the demand and either accepts it, denies it, or makes a counteroffer. Their response often reflects how strong they believe the evidence is.
- Negotiating a fair number: Both sides work to close the gap between the demand and the insurer’s early offer. These discussions continue until the parties reach an agreement or determine that negotiations are not productive.
- Finalizing the release and payment: If an agreement is reached, the insurer issues payment after the release is signed. This closes the claim and ends the dispute.
Most settlements follow these steps, even if the details vary from case to case. The goal is to resolve the claim efficiently while giving you the chance to recover the compensation needed for medical care, lost income, and the impact of the injury on your life.
When a Case Does Go to Trial
While most claims settle long before a courtroom becomes necessary, some move forward when the dispute can’t be resolved. When that happens, the process changes.
Factors That Push a Case Into Litigation
One factor that pushes a case towards trial is liability disputes. Simply put— whose fault is it? Defendants and their insurance companies often try to avoid a payout in a personal injury claim by denying responsibility for the accident.
Insurance companies may also disagree about medical damages or long-term impacts on the plaintiff, especially if the injured person has a history of pre-existing injuries or conditions. This is why seeking medical treatment immediately after an accident and having your medical records updated is essential to building your case, regardless of whether you go to trial or not.
Why Trials Take Longer Than Settling
Once a claim reaches the court and goes to trial, several things happen. These steps don’t always mean long delays, but they do shape how the timeline moves.
- Court scheduling: Booking a case means navigating through court schedules, which are often already booked months in advance.
- Jury selection: Picking a jury takes some coordination. The amount of time this step takes can vary from case to case.
- Expert testimonies: Expert testimonies can help clear up details in some cases.
- Updated medical records: More complex injuries may call for additional documentation.
Most cases move through these steps without major setbacks. The goal is to present clear, organized evidence so the court can reach a fair decision.
Keep Your Case Moving with Experienced Accident Lawyers
Personal injury cases can get complicated. Working with an experienced trial firm helps your case stay in motion until it’s resolved. By collaborating with a firm that communicates clearly and compassionately and has a proven track record of negotiation, you put your case in good hands. An experienced firm will put pressure on insurance companies to act in good faith through strategic filings, organized evidence presentation, and consistent follow-up with the adjusters and their defense team.
While it is unlikely a personal injury case gets taken to trial, knowing what to expect and how to strengthen your case is crucial. Working with our experienced and understanding legal team at Sepulveda Sanchez Accident Lawyers puts you one step ahead. You deserve to be listened to and fairly compensated after an accident, even if it goes to trial. Contact our legal team for a free consultation today.