Will Your Injury Claim Go to Court?

By Pyle Law, Reviewed by E. THomas Pyle February 23 2021 11:03 pm

Will Your Injury Claim Go to Court?

By Pyle Law, Reviewed by E. THomas Pyle February 23 2021 11:03 pm
Will Your Injury Claim Go to Court?

Not all personal injury claims will go to court. Chances are that most of them will settle either at the claims stage or before the lawsuit will end up in front of a jury. Discuss your case with a Kansas personal injury lawyer.  

Every personal injury case is different, and whether you will need to go to court will depend on many factors. While your personal injury lawsuit may result in a negligence lawsuit, the chances of your case going to trial are very slim.

First, you would likely go through the insurance claims process. Most claims end up settling without even a lawsuit being filed, provided that the insurance company decides liability in your favor and makes a reasonable settlement offer. At some point, injured claimants and the insurance companies will often reach an agreement, often after long settlement negotiations.

However, not every case reaches a settlement. You may have no choice to file a lawsuit, either because the insurance company has not decided that you deserve compensation or will not offer you enough. An experienced Kansas personal  injury lawyer can advise on the possible path of your case.

Not All Lawsuits End Up at Trial

Nonetheless, even if you file a lawsuit, your injury claim may not go to court. Many people automatically assume that because they file a lawsuit, their case will go to trial. In fact, trials only happen in a very small minority of cases. In fact, only five percent of personal injury cases will end up in front of a judge or jury. The vast majority of these cases settle beforehand.

This does not mean that your lawsuit will not have to go through at least part of the court process. Just because a case settles does not mean that it happens instantly. Many lawsuits will still go through the time-consuming discovery process, which could result in depositions.

When Your Personal Injury Lawsuit May Settle

Here are some key points regarding when your personal injury lawsuit may settle:

  1. After the defendant tries and fails to have the case dismissed from court
  2. When the defendant realizes that you have secured valuable evidence in discovery that can prove your case.
  3. Some cases settle on the eve of trial, so the defendant can avoid a jury.
  4. A small minority of cases settle after a trial before the jury issues a verdict.

Remember that most defendants do not want to be in front of a jury as much as you do not. This means that they have legal risk and can be hit with a large jury verdict. They are trying to manage their own financial exposure as much as you are trying to secure yourself financial compensation. Everyone has an incentive to avoid a full-fledged court hearing. However, you may need to go through some of the court process before you can receive a settlement.

Contact a Kansas Personal Injury Attorney

In order to put yourself in the best possible position to receive a settlement, you should hire a Kansas personal injury attorney. At Pyle Law, we help personal injury clients by fighting for them to receive the most possible compensation. Contact us online or call us today at (620) 241-9000 to schedule your risk-free initial consultation.

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Pyle Law was founded in 1999 with a commitment to fewer clients and better service. We believe that each and every client is important and everyone is entitled to justice and equal protection under our laws. We make every case a priority and are committed to keeping each client informed about the status of their case. We do not guarantee results, but we do guarantee effort.


This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney E. Thomas Pyle who has more than 20 years of legal experience as a practicing personal injury trial attorney.