When it comes to personal injury cases, one of the first questions many clients ask us is: Will my case end up in court?
It’s a fair question—and one that comes with a lot of understandable anxiety. A courtroom is not where most people ever expect to find themselves. At Crosley Law, we want you to know: most personal injury cases in Texas never go to trial. And in most cases, that’s a good thing.
But not every case settles. So, let’s break down why some cases end up in front of a jury, why most don’t, and what that means for your personal injury claim.
Most personal injury cases settle—and that’s often a win for injury victims
Less than 5% of personal injury cases in Texas ever go to trial. More than half settle before a lawsuit is even filed. That’s not just a statistic—it reflects the reality of how personal injury law works.
Settlements can be a positive and efficient resolution for many injury victims. Here’s why:
- You get compensated faster. Trials can take months or even years. A settlement can put much-needed money to cover medical bills and other expenses in your hands sooner.
- You avoid the stress of court. Going to trial can be emotionally exhausting. Settlements bring closure without the courtroom.
- You stay in control. A settlement is a negotiated agreement. In a trial, a jury decides what you get—and that outcome might not be what you want.
- You avoid costly litigation. Trials are expensive. Expert witnesses, court fees, and preparation time all add up.
We always tell our clients: a fair settlement is often a strong result. It means you’ve recovered what you need without the risks and delays of a trial.
Why do so many personal injury cases settle?
There are a few reasons most personal injury claims settle long before they reach a courtroom:
- Insurance companies want to avoid trial risk. They know that juries can be unpredictable, especially in serious injury cases. Settling gives them certainty and limits their exposure.
- Past cases offer guidance. With decades of verdicts and settlements to reference, both sides often know roughly what a case is worth. That makes it easier to find common ground.
- Trials are expensive and time-consuming. Insurance companies and injured people alike often prefer a resolution that saves time and money.
Car crash cases, in particular, are often resolved outside of court. Police reports, medical records, and the sheer volume of similar cases often provide a reliable framework for determining value. That helps both sides move toward a fair outcome without needing a judge or jury to decide.
RELATED: Is it better to settle or go to trial after a Texas car wreck?
So, why do some personal injury cases go to trial?
Despite the benefits of settling, some cases really do need to go the distance. At Crosley Law, we’re always prepared for that possibility—and we never hesitate to take a case to trial when it’s the best path to justice and fair compensation.
Some of the most common reasons a case goes to trial include:
- The injuries are severe and the damages are high. In cases involving traumatic brain injuries, spinal cord damage, or permanent disability, the stakes are higher—and insurance companies often fight harder to avoid a large payout.
- There’s a disagreement about what the case is worth. Sometimes, the insurance company simply refuses to offer a fair settlement. When that happens, we’re ready to put your case in front of a jury. Read about the time we took an insurance company to court after they tried to stall negotiations.
- Liability is in dispute. If the other side claims you were at fault—or that someone else caused the accident—a jury may need to sort out the truth.
- The medical evidence is complex or contested. When doctors disagree or treatment plans are challenged, expert testimony may be necessary to explain things clearly to a jury. Read about how we contested insurance company evidence and won more than 130 times their paltry initial offer.
- Legal issues need to be resolved. Some cases involve complicated legal questions that a judge must decide before a settlement can happen—or that require a trial to resolve.
In all of these scenarios, a trial may be the only way to obtain the full compensation our client deserves. And when that happens, we’re not just willing—we’re ready.
What happens if my personal injury case goes to trial?
If your case ends up in court, we’ll be with you every step of the way. Here’s what the trial process typically involves:
- Filing a lawsuit. This officially starts the legal action.
- Discovery. Both sides exchange documents, take depositions, and gather evidence.
- Pre-trial motions. The court may decide certain legal issues ahead of the trial.
- Trial. A judge or jury hears the evidence and delivers a verdict.
- Appeals. In some cases, the losing side may appeal the decision.
Even after a lawsuit is filed, the majority of cases are still settled before the trial begins. In fact, preparing thoroughly for trial often puts pressure on the insurance company to come back to the table with a better offer.
At Crosley Law, we prepare every case as if it’s going to trial
That’s not just a saying—it’s a strategy. When the other side knows we’re serious, they’re more likely to offer a fair settlement.
And if they don’t? We’ll take them to court and fight for every dollar you deserve.
We also understand that this process can be stressful. You’re dealing with pain, medical bills, lost income, and uncertainty about the future. That’s why we keep communication clear, offer honest advice, and make sure you never feel alone in this process.
RELATED: What to expect when you call Crosley Law
The bottom line: settlements are common, but justice is always the goal
Will your personal injury case go to trial? Each case is different. Some settle quickly and fairly. Others require persistence, preparation, and sometimes a trial. Our job is to guide you to the best possible outcome—whether that means reaching a strong settlement or presenting your case in court.
At Crosley Law, we fight for our clients with compassion and skill, no matter where the road leads. If you’ve been injured and have questions about your case, we invite you to contact us for a free consultation. We’ll help you understand your options and start building a strategy tailored to your needs.
Justice matters. So does peace of mind. Let us help you get both.
Contact our San Antonio law office today by calling (210) 796-4083 or by filling out our online contact form. We will be happy to discuss your case at no charge.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
