Why do most civil cases never go to trial?
When people think about civil lawsuits, they often picture dramatic courtroom battles, with lawyers arguing their cases before a judge and jury. In reality, most civil cases never go to trial—they’re settled long before reaching that stage.
While a trial can sometimes lead to higher compensation, it also comes with risks, costs, and delays. That’s why many individuals, businesses, and insurance companies prefer to resolve disputes out of court. If you’re considering a medical malpractice or personal injury claim, understanding why settlements are more common than trials can help you make informed decisions about your case.
If you’re unsure whether to settle or go to trial, consulting an experienced Minneapolis medical malpractice lawyer, like Mark Perron of Perron Law Office, can help you determine the best path forward.
The High Cost of Going to Trial
One of the biggest reasons most civil cases settle is money. Taking a case to trial isn’t just time-consuming—it’s expensive.
Legal Fees and Court Costs
Trials require extensive preparation, including depositions, expert witnesses, legal research, and courtroom appearances. Attorney fees add up quickly, especially if your lawyer charges by the hour. Even if you’re working with a lawyer on a contingency basis, the longer a case drags on, the more resources it consumes.
Expert Witness Expenses
In medical malpractice cases, for example, expert testimony is crucial. Doctors, specialists, and other professionals must be hired to testify, and they don’t come cheap. The costs of securing credible expert witnesses can be tens of thousands of dollars.
Financial Pressure on Both Sides
For plaintiffs, waiting years for compensation can be financially devastating—especially if they’re facing mounting medical bills, lost wages, or ongoing medical treatments. On the other hand, insurance companies and businesses also want to limit expenses and avoid the uncertainty of a trial.
Because of these financial pressures, both sides are often motivated to reach a settlement rather than risk the costs of going to trial.
The Uncertainty of Trial Outcomes
A common reason why settlements happen is that trials are unpredictable. No matter how strong your case seems, judges and juries can be unpredictable.
The Risk of Receiving a Lower Verdict
Even if you have clear evidence of negligence, the outcome of a trial is never guaranteed. Juries don’t always rule in favor of the injured party, and verdicts can be much lower than expected—or even result in no compensation at all.
Judges and Juries See Things Differently
A case that seems like a clear-cut win to you and your lawyer may not be interpreted the same way by a jury. Jurors bring their own biases and experiences into the courtroom, which can impact how they view evidence and witness testimony.
Settlement = More Control
With a settlement, both parties agree on the compensation amount, avoiding the risk of an unfavorable jury decision. A Minneapolis medical malpractice lawyer can negotiate a fair settlement so that you don’t leave your future in the hands of a jury that may not rule in your favor.
The Lengthy Legal Process
Trials Can Take Years to Resolve
While settlements can be reached in weeks or months, a full trial can take years to conclude. Courts have backlogs of cases, and scheduling conflicts between lawyers, judges, and expert witnesses can lead to significant delays.
The Emotional Toll of a Trial
A long legal battle can be mentally exhausting. Reliving traumatic experiences, going through depositions, and preparing for cross-examinations can be stressful—especially in cases involving serious injury or medical malpractice.
Settling spares victims from the emotional burden of a drawn-out trial, allowing them to focus on healing and moving forward.
The Power of Settlement Negotiations
Why Settlements Give You More Control
With a settlement, both parties have a say in the final outcome. Instead of leaving the decision to a judge or jury, the involved parties negotiate and agree on a resolution. This can result in a more predictable and fair outcome.
How a Lawyer Maximizes Settlement Offers
A skilled Minneapolis medical malpractice lawyer knows how to negotiate with insurance companies to maximize compensation. Insurance adjusters often start with lowball offers, but an experienced attorney will push for fair payment that covers medical expenses, lost wages, and pain and suffering.
By working with a lawyer who knows how to handle settlement negotiations, you increase your chances of receiving the compensation you deserve without the risks of trial.
Mediation and Arbitration as Alternatives
Not all disputes require courtroom battles. Many cases are resolved through alternative dispute resolution (ADR) methods like mediation or arbitration.
Mediation: A Collaborative Approach
Mediation involves a neutral third party (a mediator) who helps both sides reach a mutually beneficial agreement. It’s less adversarial than a trial and allows for open discussions without the pressure of a courtroom.
Arbitration: A Faster Alternative to Trial
Arbitration is like a mini-trial, where an arbitrator (or panel of arbitrators) listens to both sides and makes a decision. Unlike a jury trial, arbitration is faster, private, and often binding—meaning both sides must accept the outcome.
The Role of Insurance Companies in Settlements
Insurance companies play a huge role in why most civil cases never go to trial.
Why Insurers Prefer Settlements
Insurance companies don’t like uncertainty. A jury could award a huge verdict, and insurers want to avoid that risk. By offering a settlement, they can limit financial exposure and close the case quickly.
How Insurance Negotiations Work
Insurers will often lowball the first offer, hoping the injured party accepts it quickly. However, with the help of an experienced Minneapolis medical malpractice lawyer, you can negotiate a higher payout that reflects the true value of your damages.
When Does a Case Actually Go to Trial?
While most cases settle out of court, there are situations where a trial is necessary:
- The defendant refuses to offer a fair settlement.
- The case involves disputed liability.
- The injured party wants punitive damages.
- There’s a need to set a legal precedent.
If negotiations fail and a fair resolution can’t be reached, taking the case to trial may be the best option.
Final Thoughts: The Importance of Legal Representation
Most civil cases don’t go to trial because settlements are faster, less expensive, and more predictable. However, securing the best possible outcome requires the expertise of a skilled attorney who knows how to negotiate aggressively and fight for fair compensation.
If you’re facing a medical malpractice case, working with a trusted Minneapolis medical malpractice lawyer like Mark Perron of Perron Law Office can help you navigate the legal process and maximize your settlement.
If you’re looking for a Personal Injury Lawyer in Minneapolis, Perron Law Office is the most trusted name in the Twin Cities area. Simply reach out on (651) 317-8133 to schedule your free consultation.
