Most Personal Injury Cases Settle Out of Court
The majority of personal injury cases in Pennsylvania never go to trial and are instead settled through insurance negotiations or mediation during discovery or after a lawsuit is filed. To be eligible for trial, a personal injury claim must be filed within two years of the date of injury, under 42 Pa.C.S. §5524.
A key reason why few cases move to trial is that settlement gives both the plaintiff and the defendant more control over the final outcome. Settling out of court reduces uncertainty, minimizes legal costs, and secures more predictable financial compensation.
Litigation vs Trial: When a Trial is Necessary
Filing a lawsuit begins the civil litigation process, but does not make a trial inevitable. Rather, it creates a structured procedure for securing evidence, questioning witnesses under oath, bringing in experts, and presenting legal issues to Pennsylvania courts.
New evidence obtained during the discovery process can often prompt involved parties to settle out of court. However, a case may move to trial when:
- There is a disagreement about who is at fault
- There is a dispute about whether the incident caused the claimed injuries
- A fair settlement value cannot be agreed upon
Issues such as insurance coverage disputes and significant differences between valuations can also hinder negotiations, sometimes necessitating a trial. With that said, trials carry risks for both the plaintiff and defendant, as the results of a trial can never be guaranteed.
Finding the Right Personal Injury Attorney for Your Case
It can be difficult to predict whether a case will reach trial. This is why it’s important to choose a Scranton personal injury lawyer with both extensive settlement experience and familiarity with representing cases in state courtrooms.
Whether your case settles or proceeds to trial will depend on the strength of your evidence, the risks of trial, and the offers available to you. A knowledgeable attorney can advise you on all of these factors, but ultimately, it’s up to you to accept a settlement offer or pursue justice in court.
Choosing an attorney skilled in both areas will help you make your decision with a clear understanding of the risks, costs, and potential outcomes.