When Will a Personal Injury Case Go to Court?

Thursday, April 29, 2021

When Will a Personal Injury Case Go to Court?

Written by Malman Law, reviewed by Steve J. Malman.

It can be challenging to predict whether a personal injury claim will go to court or not. However, most claims don’t end up in a courtroom but rather settle before getting to that stage. A lawyer can help you determine what your best options are in your case. 

The thought of going to court under any circumstance is often intimidating and anxiety-inducing for many people. For some people, it keeps them from seeking the help they need after sustaining a personal injury. They mistakenly believe that if they file a claim or hire a Chicago personal injury lawyer to represent them, they will end up inside a courtroom. The reality is that only a very small percentage of personal injury claims ever end up in litigation in front of a judge or jury. The vast majority of personal injury claims settle outside of court before a trial date is even set. 

Settling Personal Injury Cases

Once you file a personal injury claim, it will end in one of three ways. It can settle, go to court, or you can drop it. When all involved parties can negotiate agreeable settlements, everyone benefits in some way. Settlements are preferable because they can:

  1. Resolve the claim quicker
  2. Require less cost than going to court
  3. Give all parties more control of the outcome in the case 
  4. Help preserve reputations if the claim is against a company or entity
  5. Avoid additional and unnecessary stress
  6. Have greater privacy since court proceedings and records are accessible to the public

For these reasons, all but a small percentage of personal injury claims are settled out of court, usually long before a trial date can even be set. When you hire a skilled Chicago personal injury attorney, they can go to work negotiating a full and fair settlement on your behalf. 

Cases that are More Likely to Settle

Personal injury cases that are more likely to settle usually share certain facts or characteristics. These include claims that:

  1. Demonstrate clear liability of the at-fault party
  2. Demonstrate the injured party’s damages clearly
  3. Only involve one at-fault party
  4. Involve insurance coverage
  5. There are credible witnesses
  6. The injured party makes a good witness

Cases that don’t meet these criteria are more likely to go to court or settle later in the process. However, this isn’t true for every case. If your claim doesn’t have one or more of these characteristics, it could be more likely to go to court. It’s best to check with your Chicago personal injury lawyer to determine which direction your claim might go. 

Turn to a Reputable Chicago Personal Injury Lawyer at Malman Law Today

No matter what type of personal injury you have, you are entitled to justice and compensation for your damages. Sometimes that can be done through a negotiated settlement, and other times it must be done by going to court. Either way, you can be assured that you will be supported every step of the way when you hire an attorney from our firm. We present you with the settlement offers we receive, offer our legal advice, and you get to make the final decision as to whether you want to proceed to court or not. 

Call (312) 629-0099 or contact us online to schedule your free no-obligation consultation with the skilled Chicago personal injury attorneys at Malman Law today.

Steve Malman

Malman Law’s founder Attorney Steven Malman has over 30 years of experience handling personal injury, nursing home, medical malpractice, truck accidents, car accidents, premises liability, construction, and workers’ compensation cases in Chicago, IL.

Years of experience: +30 years
Justia Profile: Steve Malman
Illinois Registration Status: Active and authorized to practice law—Last Registered Year: 2024

What’s your case worth? Submit for a free case review


This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by President and Founder, Steven J. Malman who has more than 20 years of legal experience as a personal injury attorney.

Related Blog Posts

view all news