What Happens If Your Personal Injury Case Actually Goes to Trial?
Most personal injury cases settle before they ever reach a courtroom. That’s true across almost every law firm, including ones that are fully prepared to try a case. But “most” isn’t “all,” and it helps to know what the process actually looks like if your case is one of the ones that goes the distance.
Why Most Cases Settle, and Why Some Don’t
Trials take time, cost money, and carry some uncertainty for both sides. Insurance companies generally prefer to settle when the number is reasonable. A case usually ends up headed to trial when the insurer’s offer doesn’t come close to covering the damages, or when fault is seriously disputed and neither side will budge.
Step by Step: From Filing Suit to Verdict
1. Filing the Complaint
Your attorney files a lawsuit in court, formally starting the case. This is a routine step for a trial-ready firm, not a dramatic escalation.
2. Discovery and Depositions
Both sides exchange evidence and take sworn statements, called depositions, from witnesses, medical providers, and sometimes you. This phase usually takes the longest.
3. Mediation or a Settlement Conference
Before trial, most courts require an attempt to settle with the help of a neutral mediator. A large share of cases that were headed to trial actually resolve here, once both sides have seen each other’s full evidence.
4. Jury Selection
If mediation doesn’t work, the case moves to picking a jury from the local community.
5. Trial and Verdict
Both sides present evidence and arguments, and the jury decides fault and, if applicable, how much compensation is fair.
How Long a Trial Itself Takes
The trial portion is usually just a few days to a couple of weeks, much shorter than the litigation process leading up to it. It’s the months of discovery beforehand that take the bulk of the time, which we cover in how long a personal injury case takes in Colorado.
What Your Role Looks Like During Litigation
• Answering written questions from the other side (called interrogatories)
• Sitting for a deposition, where the defense attorney asks you questions under oath
• Testifying at trial, if the case gets that far
Your attorney should prepare you thoroughly before any of this happens, so none of it comes as a surprise.
Why Being Trial-Ready Matters Even If You Never See a Courtroom
Here’s the part that surprises a lot of people: being prepared to go all the way to verdict changes how a case gets valued long before trial ever starts. Insurance companies keep track of which firms are willing to litigate and which aren’t. That track record shapes the settlement offer you get. We go deeper on this in why insurance companies track which law firms actually go to trial.
What Happens If You Win, or Lose
If the jury finds in your favor, it awards a dollar amount, and the defendant (or their insurer) is legally required to pay it, subject to appeal in some cases. If the jury finds against you, you typically recover nothing, and depending on your fee agreement, you may or may not owe money for case costs already spent. This is exactly why a trial-ready firm doesn’t take every case to trial. Cases only get pushed that far when the attorney genuinely believes the evidence supports a strong outcome for you.
Does Going to Trial Cost You Money?
Under a standard contingency fee agreement, you generally don’t pay your attorney anything unless you win. Case costs, like expert witness fees or court filing costs, are usually advanced by the firm and repaid out of any recovery. We explain how this works in more detail in contingency fees explained.
This article is for general information only and is not legal advice. Every case and every court’s process can differ somewhat.