What percentage of personal injury cases go to trial?
July 20, 2025
Only about three percent of personal injury lawsuits in the United States proceed to a courtroom trial, while the vast majority settle beforehand or are dismissed. Understanding this low trial rate can help claimants make informed decisions about their cases.
For compassionate and skilled representation from a personal injury lawyer in New Jersey, Feeley & LaRocca is here to provide you with the best legal support.
What Percentage of Personal Injury Cases in the US Go to Trial?
National data indicate that only a small fraction of personal injury cases proceed to trial. According to the U.S. Department of Justice, approximately three percent of tort cases proceed to trial, with nearly 75 percent settling during the pre-trial phase, and the remainder concluding through dismissal or other resolutions. The Bureau of Justice Statistics similarly reports that fewer than 4 percent of all personal injury claims result in a trial verdict.
There are several factors as to why the rates are so low:
- Cost and time: Trials can be expensive and lengthy, deterring both plaintiffs and defendants from engaging in full litigation.
- Risk of uncertainty: The unpredictable nature of jury verdicts leads many parties to opt for a guaranteed settlement.
- Efficiency of settlements: Alternative dispute resolution methods, such as mediation and arbitration, often facilitate faster resolutions, which provides a more favorable settlement to both parties.
How to Maximize the Chances of a Settlement for your Personal Injury Case?
Although most cases settle, there are strategic steps you can take to ensure your injury claim is trial-ready:
Document evidence meticulously
Maintain thorough records of medical treatments, accident scene photos, and witness statements. Well-organized evidence supports your case during motions and trial preparation. For public employees, gathering evidence also improves the chances of reaching a favorable settlement for your disability claims if an injury is of an extreme form.
Work with medical specialists
Comprehensive expert medical reports can strengthen arguments concerning causation and damages, making your position more persuasive in court.
Engage in pre-trial procedures diligently
Cooperate fully during discovery, respond promptly to interrogatories, and prepare for depositions. Demonstrating readiness often signals seriousness to the opposing party, which may influence settlement offers.
Preserve key witnesses
Secure witness availability by scheduling depositions early and maintaining contact information. Witness testimony can be crucial if a judge or jury hears your case.
Communicate a firm willingness to try the case
Inform insurers of your readiness to proceed to trial if negotiations stall. This stance can encourage them to improve settlement proposals. Understanding when to hire a personal injury attorney is also vital knowledge to have.
What Are Recoverable Damages in Personal Injury Cases?
In personal injury cases, victims may recover various types of damages to compensate for losses. Economic damages cover quantifiable expenses, such as medical bills, rehabilitation costs, lost wages, and impairment of future earnings. Non-economic damages encompass more subjective impacts, such as pain and suffering, emotional distress, and loss of enjoyment of life. In certain instances, punitive damages may be awarded to punish particularly reckless conduct and deter similar actions in the future, under N.J.S.A. 2A:15-5.2.
How Long Does It Take to Resolve a Personal Injury Claim?
On average, straightforward cases settle within six to nine months from the date of the accident, while more complex claims can stretch to one to two years or longer. Factors influencing resolution time include the severity of injuries, the need for timely medical treatment, insurance company responsiveness, and court backlogs. Prompt medical documentation and proactive legal representation help streamline the process.
How Important Is Hiring a Personal Injury Attorney for Your Case?
Retaining a qualified attorney can significantly influence the direction of your case, as experienced lawyers excel in strategic preparation, negotiation, and courtroom advocacy. They ensure your claim meets all procedural rules, deadlines, and evidentiary standards to remain trial-eligible, while also leveraging their negotiation skills to secure more favorable settlement offers that reflect the strength of your position. If your case proceeds to trial, these attorneys bring persuasive courtroom skills, presenting compelling arguments before judges and juries, to increase the likelihood of a successful verdict.
A local personal injury attorney will also be familiar with New Jersey courts, judges, and local regulations, further benefiting your claim.
Secure The Trial Or Settlement For Your Personal Injury Case With The Right Legal Partner
With only about three percent of personal injury cases going to trial, understanding these odds can guide your decision-making. Whether you aim for a substantial settlement or are prepared to pursue a trial verdict, choosing the right legal partner is essential. Feeley & LaRocca offers dedicated, compassionate representation across New Jersey as your personal injury lawyer.
Contact Feeley & LaRocca today to schedule a free case evaluation for your personal injury case. Let us help you fight for the compensation and settlement you deserve.