Will My Case Go to Trial or Be Settled Before Going to Court?

courtroom with no one inside This is a common question that injury victims have when they meet with an attorney. They often feel a lot of anxiety about the thought of going through a trial.

Below, learn more about when cases may need to go to trial for the victim to have a chance of obtaining fair compensation. If you have other questions about the legal process, contact the experienced legal team at Schmidt Kramer.

Most Cases Settle

The truth is that most personal injury cases settle. This settlement may happen at various times. Many cases settle before a lawsuit is filed while others may settle shortly after a lawsuit is filed. Others may settle on the courthouse steps on the day of trial or the day of the verdict.

Personal injury claims are often filed with insurance companies and the victim and/or his or her lawyer negotiates for fair compensation. It is usually much cheaper for insurance companies to settle the claim instead of going to trial. Insurance companies also like the certainty of negotiating a settlement, rather than the uncertainty of a trial. Therefore, it is often in the insurance company’s best interest to resolve a claim through settlement.

Plaintiffs also benefit from settlements. When a case settles, the plaintiff can receive compensation much faster. Since plaintiffs must find a way to cover medical bills while waiting for a settlement, getting the money faster can help them protect their credit and financial stability.

Additionally, settlements offer both parties privacy. An insurance company may want to avoid the publicity of a large award to a plaintiff and plaintiffs may want to avoid their medical information becoming publicized.

When Are Settlements Not Possible?

Even though settlements are often in the best interest of both parties, some personal injury claims may not result in a settlement. For example, both parties may agree on alternative dispute resolution, such as mediation or arbitration.

These are some common reasons why a settlement may not be possible:

Liability is contested – If the parties disagree about how an accident occurred or who was at fault, the insurance company may refuse to settle the claim and victims may file a lawsuit.
There is disagreement about your damages – If the insurance company or defendant believes that some of your injuries were due to a pre-existing condition or they think the amount you are seeking is not reasonable, they may refuse to settle the claim.
The settlement is too low – Many insurance companies make lowball settlement offers in the hopes that the victim will take it and the claim can be resolved for as little as possible. If the insurance company does not offer a fair settlement, you may need to go to court to have a chance of obtaining fair compensation.

It is important to find a personal injury attorney in Harrisburg who is prepared to take the case to trial in case a favorable settlement cannot be obtained. Even if your case does not settle before you file a lawsuit, there may still be an opportunity to reach a settlement once the insurance company realizes that your lawyer is prepared to take your case all the way through the process.

Contact an Attorney for Help With Your Claim

Whether your case goes to trial or is resolved through settlement, you need a strong legal advocate on your side. The knowledgeable lawyers at Schmidt Kramer are prepared to investigate your claim and negotiate for maximum compensation with the insurance company. If a settlement is not possible, our lawyers can discuss the possibility of proceeding with a trial.

Free Case Review

No Upfront Fees

Testimonials

Dear Scott,
Hello there! I’m a little late to the game here, but I wanted to be certain I wrote to you. Oops—sorry for the typo! As you’ve probably gathered, I am writing you from a typewriter. Do you still use these in the office? Back on topic, I wanted to take a moment to express my deep gratitude for your guidance and support throughout the entire legal process for my accident. Can you believe it’s been five years?? Your attention to detail, professionalism, and delicate handling of my case made an incredibly difficult time more manageable for me and my family. We’re forever grateful.
From the moment you stepped foot in that hospital room with me, I felt relieved to have someone in my corner like you and your team. You took the time not only to explain each legal step in a way that made sense but also to acknowledge the emotional weight of what I was going through. That delicate balance—handling the intricacies of my case with precision while also being sensitive to my well-being—is something I will always be grateful for. In many ways, the outcome of the case reflected your dedication, but what has stayed with me even more is how you treated me throughout the process—with patience, respect, and compassion. You listened to my concerns and reassured me in moments of uncertainty. And even now, I feel your compassion each year on my birthday when I receive a text from you!
Thank you, not just for the outcome, but for the way you handled each moment. You are an incredible lawyer, but more importantly, an incredible person, and I was fortunate to have you in my corner.
With heartfelt gratitude,
Ricky D
Definitely were people of their word. Certainly helped me through my whole case
The legal team was very professional and met my needs I would highly recommend them
Monte cargile
Very great experience working with you guys continue the great service timely response communication well understand
jackie duffus
Schmidt Kramer is simply definition of hardworking, they are trustworthy and get best claim you could never think of.