When does a case go to trial—and when shouldn’t it?
Personal Injury - April 13, 2026 by Horwitz, Horwitz & Associates
When does a case go to trial? Most personal injury cases are resolved through settlement rather than a jury trial. But when negotiations stall, liability is disputed, or the insurance company won’t offer a fair amount, going to trial may become necessary.
Trial isn’t always the right move. If the evidence is limited, the damages are relatively small, or the outcome is uncertain, resolving the case outside of court may make more sense. A Chicago personal injury attorney from Horwitz, Horwitz & Associates can help you weigh those options before deciding how to proceed.
When does a personal injury case actually go to trial?
Personal injury cases are most likely to go to trial when an agreement cannot be reached between you and the opposing party’s insurance company. They may lowball you, use tactics to avoid paying you, or deny your claim, and if they are unwilling to pay you what you deserve, your case may have to be litigated.
Similarly, if the at-fault party’s insurance limits are not enough to cover your losses, then court involvement may be necessary. Complex cases and those involving catastrophic injuries caused by gross negligence or criminal activity may also go to trial.
How is a civil trial different from a criminal case?
Civil and criminal cases serve different purposes. A civil case focuses on recovering compensation for the person who was injured. A criminal case is brought by the state and focuses on punishment, which may include fines or jail time. In some situations, both cases can arise from the same incident. Even if a defendant pleads guilty in a criminal case, you may still need to pursue a separate civil claim to recover compensation.
What happens during the discovery phase before trial?
During the discovery phase, your lawyer may continue to gather evidence for your case and submit it into discovery. They also review the evidence submitted by the defendant and use it to help shape the strategies and arguments for your case. Your lawyer may also conduct depositions to get statements from witnesses, as well as expert testimony.
Why do many cases settle before a jury trial?
The majority of personal injury cases settle long before they go to trial. Even if litigation is necessary, settlement agreements can still be reached during the pre-trial phase. Going to trial is lengthy, expensive, and public record, and many individuals try to settle their case to avoid these aspects and to recover compensation faster.
Insurance companies are aware of this, though, and may try to use it to their advantage, so it’s important to make sure you have a lawyer who can make sure you receive a fair settlement.
When might going to trial make sense?
Going to trial may make sense when the other side refuses to accept responsibility or won’t offer a fair resolution. It may also be necessary in cases involving significant or long-term losses, where the full impact of the injury needs to be evaluated by a jury. A strong case with clear evidence is often key when considering this step.
What are the risks of going to trial?
There are many risks to consider before proceeding with a trial. The biggest risk is losing your case and being unable to recover the losses you have sustained. While strong evidence can minimize this risk, it remains a possibility.
The cost, length, and lack of confidentiality of a trial may be prohibitive or a deterrent for some. Other trial risks may depend on the specific factors involved in your case.
Does preparing for trial improve settlement outcomes?
Preparation is crucial in a personal injury case. Gathering evidence, reviewing discovery, and crafting a strong case can help minimize the risks involved and increase the likelihood of a favorable settlement.
Preparation can also give you leverage and communicate that you are serious about the outcome of your case when you are willing to escalate to litigation. Even if it’s not needed, lawyers generally prepare for trial for this reason and to quickly pivot if necessary.
Connect with a Chicago personal injury attorney about your options
To determine if your personal injury case can be settled or will have to go to trial, contact Horwitz, Horwitz & Associates. We can review the details of your case and discuss your options with you. We can provide counsel and make recommendations. Contact us online today to schedule a free consultation or call our firm at (800) 985-1819 to get started.
