What Makes a Personal Injury Case Go to Trial Instead of Settling?

 Posted on July 18, 2026 in Car Accidents

Most personal injury cases settle before reaching a courtroom. Some, however, require the injured person to file a lawsuit, and a smaller number ultimately proceed to trial. The deciding factor is typically whether the parties can reach a settlement before a judge or jury must decide the case. If they cannot, a judge or jury will make the final decision for them.

A DuPage County, IL personal injury lawyer can help you understand the implications of your case going to trial in 2026.

Why Do Most Illinois Personal Injury Cases Settle Outside of Court?

Settlement is often financially advantageous for both sides. Trials are expensive, time-consuming, and unpredictable. Insurance companies may have strong incentives to avoid the expense and uncertainty of trial. Court proceedings are stressful for plaintiffs. A settlement out of court offers compensation and closure much sooner than most trials.

A settlement involves both sides agreeing on an amount of compensation that resolves the claim. As part of a settlement, the plaintiff typically signs a release giving up the right to pursue additional compensation for the same claim. For straightforward cases involving clear liability, documented injuries, and standard damages, this process is often fairly streamlined.

What Pushes a Personal Injury Case Toward Trial in Illinois?

By contrast, cases that end up at trial are those where one or both sides have decided that the time and financial costs of litigation are worth what they stand to gain. There are several common situations that result in court proceedings.

The Defendant Disputes Fault

If the defendant's insurance company believes it can convince a jury that its client wasn't responsible or that the plaintiff was mostly responsible for the plaintiff's injuries, it may refuse to offer a fair settlement. Under Illinois comparative fault rules (735 ILCS 5/2-1116), a plaintiff found to be more than 50 percent at fault cannot recover any damages. A plaintiff who is 50 percent or less at fault may recover, but the award is reduced according to the plaintiff’s percentage of responsibility. Insurance companies may try to leverage this to avoid paying significant settlement amounts.

The Parties Can’t Agree on a Settlement Amount

A common reason for going to trial is simple disagreement over money. Say an insurance company offers $80,000 in compensation even though the plaintiff has substantial medical expenses, lost income, and a permanent injury. When the gap between the settlement offer and the plaintiff’s assessment of the claim cannot be resolved, the plaintiff may decide that proceeding toward trial offers the best opportunity to pursue appropriate compensation.

The Insurance Coverage Is Disputed

Disputes may arise over which policies apply or how much coverage is available. An attorney may investigate additional defendants, umbrella policies, employer coverage, or the injured person’s own uninsured or underinsured motorist coverage. However, going to trial does not increase an insurance policy’s limits. Although a verdict may make the defendant personally responsible for damages exceeding those limits, collecting the remaining amount may be difficult if the defendant lacks sufficient assets.

Deciding on whether to take a case to trial or not is a matter of weighing trade-offs. The financial gains generally must far outweigh the time and money that going to court takes for either party.

What Should You Know if Your Injury Case Might Go to Trial?

Trials take time. It may be months or years from the time a lawsuit is filed to the date a jury returns a verdict. There is also a real risk with every case that a jury rules in favor of the other side or that compensation is not as great as expected. Even strong, "obvious" cases may receive an unexpected or unfavorable verdict.

If your case may go to trial, work with an attorney who has substantial personal injury litigation and trial experience. Your attorney should explain each settlement offer, the risks of rejecting it, and the potential benefits and drawbacks of proceeding to trial.

Call Our Mt. Prospect, IL Personal Injury Lawyer Today

Grauer & Kriegel, LLC has recovered over $150 million for clients across Illinois and is fully prepared to take cases to trial to get clients a fair result. Call 847-240-9010 for a free consultation with our DuPage County, IL personal injury attorney today.