Approximately 10 percent of personal injury cases end up going to trial. The majority of cases are settled when the victim (usually through their personal injury attorney) and the at-fault party’s insurance company reach an agreement as to how much financial compensation the victim deserves. When the two sides cannot reach an agreement, then the case usually moves forward to be litigated in civil court.
There are a number of reasons why a settlement cannot be reached. The insurance company may try to shift some of the fault of the incident onto the victim or they may deny the claim completely.
Even when a case does go to trial, a settlement can still be negotiated as long as the agreement is made before any verdict or award is reached by the judge or jury hearing the case.