What Percentage Of Personal Injury Cases Settle Before Trial?


Most of the personal injury cases get settled outside of court before trial. While many can negotiate a settlement deal, some prefer hiring a personal injury lawyer and going through the whole court process to extract a better deal. If you are unaware of the number of cases that are settled outside of court or go through the trial, you have come to the right place.

In this article, we will discuss the percentage of personal injury cases that get settled before trial and if one should get a settlement outside the court. 

What Percentage Of Personal Injury Cases Settle Before The Trail? 

According to most analysis and data, only 2-3% of personal injury cases go through the entire process of a court trial. On the other hand, a majority of 96% and above get outside court settlement. 

However, one cannot rely entirely on the above data as it does not present the reality of the situation. This happens because most of the cases that undergo trial do not get any settlement as many decide to drop their cases or their statute of limitations expires before their court date. 

While we cannot pinpoint the exact ratio or percentage of cases that settle, we can assure you that most of the cases get an out-of-court settlement to avoid the entire messy and lengthy procedure of a court trial. 

Why Should I Settle My Personal Injury Claim Outside Court?

Many prefer getting an out-of-court settlement for their personal injury cases to avoid the hassle and mess of court proceedings. This is the best option if you are getting a good deal from your insurance company.

However, if you feel that you are not getting a fair settlement, we suggest hiring a well-known personal injury lawyer. Your lawyer can ensure that you go through the entire court proceeding with maximum help so that you can extract a fair settlement deal from your insurance company. 

Here are a few points to keep in mind while debating whether you should take your case to court or go for an out-of-court settlement –

  • Good Settlement Offer

If you are getting a good out-of-court settlement deal, then you should take it. However, if you can get a better deal by going to court, we suggest doing so with the help of a personal injury lawyer. 

  • Legal Expenses

If you are going to court, there are several legal expenses to be paid. For example, court charges, lawyer charges, and much more. 

  • Expected Outcome

If you and your personal injury lawyer are confident that your case will land in your favor in court you should go for the trial. A guaranteed win should be a prime factor in your decision. 


Thus to conclude we can say that an out-of-court settlement is what people opt for in personal injury cases. However, if you are not getting a fair settlement deal on your case, we suggest hiring a well-known personal injury lawyer who can ensure a good deal on your behalf. We hope the above article helped you understand the percentage of case settlements and whether you should settle your case outside of court. 


Author’s Bio

Shrey Jain is the Co-Founder of Writofy & a Chartered Accountant who works with a team of creative content writers. He holds a forte in creating informative content on niches like crypto, business, fintech, digital marketing, and several others. In addition, his willingness to learn and share his knowledge can immensely help readers get valuable insights on varied topics. 


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