How Often Do Personal Injury Cases Go to Trial in California Courts?

If you’re facing a personal injury claim, you may wonder, “How often do personal injury cases go to trial in California courts?” Filing a claim, as many imagine, instantly means a courtroom battle, though this isn’t usually the case.

Personal injury claims typically involve extensive investigation, paperwork, and back-and-forth discussions before a trial even comes into play. Gaining an understanding of what factors lead to or away from a potential trial can be helpful in setting the stage for a personal injury claim.

Hire a Personal Injury Lawyer

Duque & Price approaches each personal injury case with careful preparation and organization, as well as a thorough knowledge of how a devastating accident can have consequences that reach far beyond the accident itself.

Our firm has represented over 2,000 injured victims in all types of personal injury claims, and we construct each of our cases based on the facts of the injury, as well as how the injury has altered the victim’s daily routine.

Liability Disputes

One of the most common reasons a personal injury case will go to trial is when there is a dispute over liability. When parties cannot agree on how an accident happened or who was at fault, negotiations can become stalled. These disagreements can arise from different accounts of the accident, unclear evidence, or differing interpretations of driver behavior.

Resolution of the matter may require a more formal examination of the facts. Liability can become difficult to determine when there is not enough evidence or agreement between parties, which can require a trial.

Damages Disputes

Even when liability is not in significant dispute, disagreements over damages can bring a case closer to trial. The long-term consequences of an injury or accident, such as medical expenses or loss of income, can be areas of disagreement. The same medical information or evidence can be interpreted differently by both parties, especially in terms of future treatment.

Reaching a settlement becomes difficult when the offers and demands are drastically different. A trial can be used to establish how the evidence should be used to evaluate damages in those situations.

Evidence Consistency

The strength and consistency of evidence can also factor into whether a personal injury case settles or goes to trial. Well-documented evidence, clear and consistent medical records, and a supported timeline can make a claim easier to resolve. When information is missing or inconsistent, questions may arise about how an accident occurred or how injuries were sustained.

Evidence gaps can make it challenging for both sides to agree on the case details. A trial can be used to examine the available evidence more closely to help determine what should be done with it.

Risk and Strategy

A trial is an option for all personal injury cases, but the decision to go to court is often based on strategy and risk. Trials can be time-consuming, expensive, and unpredictable for both parties. Many cases are resolved after both sides weigh the potential risks and the benefits of a settlement.

Each side may use this to evaluate how likely they are to succeed and the potential outcome they may receive. When the potential outcome is less than the risk of trial, the case may be settled. Whether a case proceeds to trial is often determined by this risk-benefit analysis.

FAQs

Do Most Personal Injury Cases Go to Trial?

The vast majority of personal injury cases are settled or otherwise concluded before trial. Statistics from the Bureau of Justice Statistics indicate that 3% to 5% of tort cases go to trial. This statistic mirrors how often claims are negotiated once liability and damages are assessed against the available evidence.

How Common Are Personal Injury Incidents in California and Nationwide?

Personal injury incidents occur at a significant rate in California and nationwide. In California, the California Office of Traffic Safety found 4,283 speed-related crashes that caused serious injuries in 2023.

Across the country, the CDC estimates that 3 million seniors seek emergency care annually due to falls. With this many incidents, liability or damages may be disputed, making it more likely that some cases will not settle and will continue past the settlement.

What Is the Statute of Limitations for Personal Injury Cases in California?

In California, the statute of limitations for personal injury legal claims is generally two years. According to the California Code of Civil Procedure § 335.1, a claimant has two years from the date of injury to file a legal claim.

Shorter time limits may apply in cases involving claims against government entities. If the statute of limitations expires, the injured party is typically barred from bringing the case to court.

Where Are Personal Injury Cases Handled in California Courts?

Personal injury litigation in California takes place in state trial courts. In California, these are usually Superior Courts in the county in which the cause of action arose. For example, personal injury cases in Orange County, California, are heard in the Superior Court of California, County of Orange.

Superior Courts have jurisdiction over civil actions, such as personal injury claims, and if the case does not settle out of court, California Superior Courts handle the litigation.

What Happens if Settlement Negotiations Break Down in a Personal Injury Case?

If settlement negotiations in a personal injury case fail, the claimant’s case may advance further into the litigation process. Essentially, this means the claimant could file or pursue legal action, gather additional evidence, and prepare the case for a trial.

As the case unfolds, both parties might keep gauging the merits of the evidence and where they stand. Trial becomes a more likely possibility in such cases, but negotiation can occur at any point before the case is finally decided.

Contact a Personal Injury Lawyer

In California, very few personal injury cases actually go to trial. The majority of cases are settled after the facts are determined, liability is evaluated, and damages are calculated. Cases with strong facts, clear liability, and significant injuries will generally be settled without the need for litigation, while those that are more unclear or that involve a disputed key issue may take longer to conclude.

Trial is always a possibility if critical issues cannot be resolved through negotiation. At Duque & Price, we represent clients all over the state of California and work to construct each claim around the specific factors that will determine how a case is resolved. Schedule a no-obligation consultation to discuss your situation and hire a personal injury lawyer today.

About The Author

Brent A. Duque

From humble beginnings and son of hard-working immigrant parents, Brent Duque was raised in La Puente, California. After graduating from West Covina High School and Mt. San Antonio College, Mr. Duque went on to graduate from Cal State University Fullerton with a Bachelors degree in Political Science. After obtaining his undergraduate degree, Mr. Duque did his graduate studies in Education and Public Administration at California Polytechnic University Pomona. After working for other firms, Mr. Duque knew that if he opened his own firm, he could provide more aggressive representation, better communication with clients, and secure larger settlements and verdicts for his clients. In 2006, he started his firm and has had a remarkable and successful career that he attributes to his firm’s aggressive and relentless pursuit of justice for his clients. As owner and managing attorney of the firm, Mr. Duque has fought for and secured millions of dollars for his clients.

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