The Short Answer
No, not every personal injury case will go to court. Whether or not you need to go to court for your personal injury claim is dependent on a variety of factors unique to your case. With that being said, the vast majority of personal injury cases are settled outside of court.
Taking personal injury cases to trial is rarely advantageous for anyone involved. Contact our personal injury attorneys today for a free case review, and we’ll be able to provide professional guidance for your unique case.
Key Takeaways
- Trials are Rare: Only 4-5% of all personal injury cases actually go to trial. (According to studies from the DOJ, the American Bar Association, and more)
- Settlement is the Norm: Over 95% of claims are settled out of court through negotiation.
- Main Reasons for Trial: Cases that do go to court typically involve major disagreements over who was at fault (liability) or the fair value of the victim’s injuries and losses (damages).
- NC Law Encourages Settlement: North Carolina’s strict “contributory negligence” law makes going to trial extremely risky, as being found even 1% at fault can prevent you from recovering any compensation.
- Expert Guidance is Crucial: The decision to settle or proceed to trial is a critical strategic choice that should be made with an experienced personal injury attorney.
What Makes a Personal Injury Claim Go To Court?
While settlement is the standard resolution, certain factors can force a case into litigation. A trial typically becomes necessary only after settlement negotiations have stalled for one or more of the following reasons:
- Disputes Over Liability: The most common reason for a trial is a fundamental disagreement over who is at fault. The plaintiff must prove the defendant’s negligence caused the injury. If the defendant or their insurer contests this, a trial may be required to present evidence and establish liability.
- Disagreements on the Value of Damages: Even if liability is clear, the 2 sides may be far apart on the monetary value of the claim. If an insurer’s offer doesn’t adequately cover medical bills, lost wages, and pain and suffering, litigation may be the only path to fair compensation.
- Insufficient “Lowball” Settlement Offers: Insurance companies often make initial offers that are far below a claim’s actual worth. If an insurer refuses to negotiate in good faith and increase their offer to a reasonable amount, filing a lawsuit may be the best strategy.
- Complex Legal or Factual Issues: Cases involving multiple defendants, catastrophic injuries, or unclear points of law can be difficult to resolve through informal negotiation, sometimes requiring a judge or jury to make a formal determination.
- Desire for Public Resolution or Precedent: In some instances, a plaintiff may want their case heard in a public forum to hold a defendant accountable or to set a legal precedent that could help others in the future.
- Impending Statute of Limitations: In North Carolina, you generally have 3 years from the date of injury to file a personal injury lawsuit. If this deadline is approaching and a fair settlement has not been reached, your attorney must file a suit to preserve your right to seek compensation.
Is It Better To Go To Court or Settle?
Deciding whether to accept a settlement or proceed to trial is a strategic choice that balances risk against reward. But it’s not one to take lightly.
| Settling Outside of Court: The Lower-Risk Path | |
| Pros | Cons |
| Certainty & Control Faster Resolution Lower Costs Reduced Stress Privacy | Potentially Lower Compensation No Public Record or Precedent |
| Going to Court: The Higher-Risk, Higher-Reward Path | |
| Pros | Cons |
| Potential for a Higher Award Public Vindication & Accountability Can Set a Legal Precedent | Uncertainty (Risk of Receiving Nothing) Time-Consuming & Lengthy Process Higher Costs (Legal & Expert Fees) Stress & Inconvenience Public Exposure of Your Case High Risk in NC (Contributory Negligence) |
Factors to Consider When Making Your Decision
While the tables above outline the general risks and rewards, the right choice for you hinges on a few key factors specific to your case. Considering these points with your attorney will help you make an informed, strategic decision.
- The Strength of Your Case: A thorough review of the evidence is critical. Do you have clear proof of the other party’s negligence? Are your injuries well-documented? In North Carolina, with its strict contributory negligence rule, the strength of your case is the single most important factor, as even 1% of fault on your part can eliminate your right to compensation at trial.
- The Quality of the Settlement Offer: Is the offer on the table fair? 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. Conversely, a “lowball” offer from an insurer may make litigation a necessary tool to pursue just compensation.
- Your Personal Circumstances: 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. For many, the certainty and speed of a settlement provides invaluable peace of mind.
- The Guidance of Your Attorney: 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. Their insight is your most valuable resource in this decision-making process.
Ultimately, weighing these factors is a complex process filled with legal nuances. This is where the counsel of a dedicated legal team becomes invaluable. A personal injury lawyer from Lewis & Keller will sit down with you to thoroughly evaluate every aspect of your situation—from the evidence supporting your claim to the fairness of the insurance company’s offer.
By understanding your personal goals and applying our deep knowledge of North Carolina law, we can provide a clear, professional recommendation to help you decide whether settling or proceeding to trial is the right path for you.
What Happens if My Personal Injury Case Goes To Court?
If your case proceeds to litigation, it follows a structured legal process:
- Filing the Lawsuit: Your attorney files a Complaint with the court, officially starting the lawsuit. The defendant is then served with the complaint and a Summons.
- The Discovery Phase: This is the pre-trial evidence-gathering stage where both sides exchange information through legal tools like:
- Interrogatories (written questions)
- Depositions (sworn oral testimony)
- Requests for Production (requests for documents)
- Motions and Final Negotiations: Before trial, attorneys may file motions to ask the court to rule on legal issues. Settlement negotiations often intensify during this phase, and many cases are resolved here.
- The Trial: If no settlement is reached, the trial begins.
- Jury Selection: Attorneys question potential jurors to form an impartial panel.
- Opening & Closing Arguments: Attorneys present their case narrative at the beginning and summarize their evidence at the end.
- Presentation of Evidence: Both sides call witnesses and present evidence to support their claims.
- Jury Deliberation & Verdict: The jury deliberates and then delivers a verdict, which includes a decision on liability and the amount of damages, if any.
- Post-Trial: If the plaintiff wins, their attorney will work to collect the judgment. Either party may also appeal the verdict if they believe a legal error occurred.
So, Should You Settle or Go To Court?
The decision is complex, but you don’t have to make it alone. While it’s reassuring to know how rarely personal injury cases go to trial, the ability and willingness to take a case to a jury is the ultimate leverage for securing a fair settlement.
An experienced North Carolina personal injury lawyer can evaluate the strength of your case, navigate North Carolina’s specific laws, and advise you on the best path forward to achieve maximum compensation for your damages.
Contact our law offices in Winston-Salem and Greensboro today for a free, no-obligation case review.
