Will my Personal Injury or Auto Accident case go to Trial?
Will My Personal Injury Case Go to Trial? What Utah Clients Need to Know
If you’ve been injured in an accident and are considering filing a personal injury claim, you may be wondering: Will my case go to trial? The truth is, most personal injury cases in Utah settle before ever reaching the courtroom. However, there are some situations where going to trial may be necessary. In this post, we’ll break down the likelihood of settlement vs. trial and what you should expect as your case moves forward.
Do Most Personal Injury Cases Go to Trial?
The vast majority of personal injury cases never go to trial. In fact, over 90% of personal injury claims are resolved through settlements between the injured party (plaintiff) and the at-fault party or their insurance company.
Settlements are often preferred because they:
✅ Provide faster compensation compared to a lengthy trial process.
✅ Reduce legal costs for both parties.
✅ Eliminate the uncertainty of a jury verdict.
✅ Allow the injured party to move on with their life sooner.
However, some cases do end up in court if a fair settlement cannot be reached.
When Does a Personal Injury Case Go to Trial?
While most cases settle, a lawsuit may proceed to trial in Utah if:
The Insurance Company Denies Liability – If the at-fault party refuses to accept responsibility for the accident, your case may need to go to court to prove their negligence.
The Settlement Offer Is Too Low – If the insurance company offers an unreasonably low amount that does not cover medical expenses, lost wages, and pain and suffering, your attorney may recommend going to trial.
There Is a Dispute Over Damages – If the insurance company argues that your injuries are not as severe as claimed, they may refuse to pay full compensation.
Bad Faith Insurance Practices – In some cases, insurers delay or wrongfully deny claims, making a lawsuit necessary.
Serious Injuries or High-Value Claims – Larger claims involving catastrophic injuries or wrongful death are more likely to go to trial since insurance companies fight harder to minimize payouts.
What Happens If My Case Goes to Trial?
If a settlement cannot be reached, your case will proceed through these stages:
1. Filing a Lawsuit
Your attorney will file a formal complaint in a Utah court, outlining the facts of your case and the compensation you are seeking.
2. Discovery Phase
Both sides exchange evidence, conduct depositions, and gather information to build their case. This process can take several months.
3. Pre-Trial Negotiations & Mediation
Even after filing a lawsuit, many cases settle before reaching trial through mediation or further negotiations.
4. Trial in Court
If no settlement is reached, the case goes to trial, where a judge or jury will determine the outcome. A trial can last anywhere from a few days to several weeks, depending on the complexity of the case.
5. Verdict & Possible Appeals
If you win at trial, the defendant may choose to appeal, delaying payment. If you lose, there may be options to appeal the decision.
Should You Settle or Go to Trial?
The decision to settle or go to trial depends on several factors, including:
How strong your case is (clear liability and evidence).
The amount offered by the insurance company (is it fair?).
Your willingness to wait for a potentially larger payout (trials take time).
The risks of trial (there is no guarantee of winning).
At JB Legal, we always fight for the maximum compensation you deserve. If an insurance company offers a fair settlement, we’ll advise you to accept it. But if they refuse to pay what’s fair, we’re fully prepared to take your case to court. And we will also make sure to help you make an informed decision on whether to take an offer, or go to trial.
Need Legal Advice? Contact JB Legal Today
If you’ve been injured in an accident in Utah and want to know whether your case is likely to settle or go to trial, we’re here to help. At JB Legal, we offer free consultations and will guide you through the entire process.
📞 Call us today at 435-251-7605
📧 Email us at john@jblegalutah.com
🌐 Visit us at www.jblegalutah.com
Let us fight for the justice and compensation you deserve!