The vast majority of personal injury cases end up settling before trial. This is usually a good outcome, because the injured party is guaranteed compensation and the cost (both in money and time) of a civil trial is avoided. While in a personal injury trial, a successful (for the plaintiff) verdict can often amount to a larger award than what would have been settled on, there is also the very real risk of losing and getting nothing.
In a small number of cases, a trial may be necessary to get the injured party adequate compensation. But, why do some cases end up going to trial when others don't? Obviously (or maybe not), the parties for each side are valuing the case differently. When the value can't be agreed upon, settlements fail. Here are a few reasons that can occur:
While it's not always a wise idea, sometimes (usually for number three above) going to trial is the best strategy for the injured party.