Posted on 11/14/25
After a personal injury, such as a slip and fall or car accident, your first step is to file a claim against the at-fault party’s insurance policy. In many cases, you can reach an agreement for compensation and move forward with your recovery. However, your attorney may recommend more aggressive legal action in some circumstances. Let’s examine what may influence whether your Buffalo personal injury case will go to trial.
How Many Cases Go to Trial?
According to data from the Department of Justice (DOJ), only about 3-4% of personal injury cases make it to the trial phase. Most of these involve situations such as car crashes or medical malpractice, and about 75% settle before trial, while others are dismissed due to various factors. They may not have merit or standing, or the court decides the plaintiff is 100% at fault under the state’s pure comparative negligence statute.
The Personal Injury Claim Process
Although every case is different, most personal injury claims follow the same general process. It begins with gathering evidence against the other party, filing an insurance claim, and negotiating a payment. In rare instances, you may need to take the other person to court, but since that is expensive and time-consuming for everyone, most try to avoid it.
Insurance adjusters will investigate and often try to minimize what they will offer by de-emphasizing their policyholder’s involvement. You need a skilled Buffalo car accident lawyer who understands the insurance industry and can push back for what you deserve. If the insurer doesn’t meet your demands for adequate compensation, your attorney may advise you to file paperwork for a lawsuit.
If this doesn’t encourage a better settlement offer, then your lawyer will prepare your case for trial while continuing to negotiate. When it becomes clear that you mean to fight for your rights, the other side will often make a final settlement offer to end the proceedings.
Ways Your Attorney May Encourage a Faster Settlement to Avoid Trial
Going to court isn’t a bad thing, but it is very expensive and takes much longer than settlement discussions. In general, most parties would prefer to stay out of the courtroom because of those costs, as well as the public nature of a civil trial. Using those factors, your lawyer could push for a more satisfactory settlement through these methods:
- Thoroughly investigating the circumstances to collect robust evidence showing the other party’s fault
- Managing all insurance conversations and negotiations on your behalf
- Advising you on how to proceed and what to say to insurance providers
- Preparing your case from the beginning and notifying the other party of your intent to sue
- Calculating the full value of your case and presenting a demand letter
While your lawyer will fight for every penny you should receive, they will also work to close your case through settlement as soon as they can. This allows you to get the financial relief you need and focus on getting your life back. They can also assess the other party’s ability to pay, meaning you are less likely to win a settlement that you can’t collect.
Deciding to take your personal injury case to trial is a big one, and you should work with an attorney who will educate you about your options. While you may end up securing a bigger settlement, there’s always a risk that the court may not decide in your favor. If you or a loved one has been hurt by someone else’s negligence, contact Towey Law Firm PLLC to schedule a free consultation today.