When you’re healing from a personal injury caused by a third party’s negligent action or inaction, you may be intimidated by the prospect of your case going to trial.
Injured in Oklahoma City? Call Warhawk Legal at (405) 397-1717 for a free consultation. Our personal injury attorneys work on contingency — you pay nothing unless we win your case.
According to the most recent statistics collected, only 5% of civil cases go to trial, with 95% of cases being settled before trial. Therefore, only 1 out of 20 cases go to trial. This statistic may be comforting to you or it may be surprising. Regardless, we find that there are clear reasons why certain types of cases consistently go to trial or not.
So, in this guide, we’ll discuss the negatives of going to trial and why a lawyer may still choose that for their client.
At Warhawk, we’re proud to offer no-obligation, risk-free case reviews. To request one, call our team toll-free at (405) 397-1717 or schedule your appointment online.
The Negative Aspects Of Going To Trial
There’s a reason so many cases don’t make it to court. Here’s a quick examination of why it might not be right for your case.
- Higher Costs: Trials can be expensive, with court costs and attorney fees accumulating the longer the case is in court.
- Longer Process: Trials can be time-consuming, taking months to years to resolve. This prolonged legal process can make you focus and relive any trauma you may have suffered, hindering your ability to move on and recover.
- Greater Risk: If you file a claim against an insurance company, there’s a higher chance that the jury may be swayed in favor of the defendant, increasing the risk of not receiving compensation.
- Delayed Compensation: Trials can result in delayed compensation compared to settlements, where you can often receive a quicker payout. This delay can create financial strain as you wait for the trial to conclude and for compensation to be awarded.
So Why Would My Lawyer Advocate Us Going To Trial?
However, despite everything discussed above, your Oklahoma City personal injury attorney may find it beneficial to take your case to court.
Here are a few reasons:
- You could receive punitive damages. Punitive damages are attached to no real-world damages a victim could receive in their case but are to punish the defendant for their negligence. You can only receive punitive damages in a court proceeding. Oklahoma’s cap on punitive damages is $100,000, according to 23 OK Stat § 9.1 (2023).
- The insurance company refuses to pay the settlement you deserve. If the insurance company refuses to pay the settlement you deserve, your lawyer may take your case to court to pursue the full compensation you are entitled to.
- The case is very complex. In a complex case where the legal issues require thorough examination, your lawyer may recommend going to court to ensure your case receives the attention it needs for a successful outcome.
- The insurance company is concerned about precedent. If the insurance company is concerned about setting a precedent that could impact future claims, your lawyer may take your case to court to establish favorable legal precedents that could benefit you and other claimants in similar situations.
If you have any questions about this material, call us at (405) 397-1717. Our team at Warhawk Legal is ready to talk you through the legal process and would love to help you conclude your case successfully.
How Personal Injury Cases Are Resolved Without Going to Trial
The vast majority of Oklahoma personal injury cases — well over 90% — resolve through negotiated settlements before a trial ever begins. The typical path runs from an initial demand letter and insurer response, to back-and-forth negotiation, to mediation if the gap is large, to final settlement and release. Settlements provide certainty: you know what you are receiving and when. Trials introduce risk — a jury might award more or less than the offer on the table — which is why the decision to accept or reject a settlement is always made collaboratively between you and your attorney based on the full picture of the evidence and the specific circumstances of your case.
When a Trial Becomes the Right Choice
Trials make sense when an insurer refuses to offer fair value, when liability is genuinely disputed and must be resolved by a jury, or when the damages are significant enough that the potential upside of a verdict justifies the time and cost. In those situations, thorough trial preparation — deposition testimony, expert witnesses, accident reconstruction, fully organized medical records — is what puts you in the strongest position, whether the case ultimately settles at the courthouse steps or goes all the way to a verdict. Many cases settle during trial preparation once the defense sees how strong the evidence is against them.
Frequently Asked Questions About Oklahoma Personal Injury Trials
How long does a personal injury trial take in Oklahoma? Most civil personal injury trials run two to five days. Complex cases with multiple parties or highly disputed liability may run longer. Will I have to testify? In most trials, yes — your account of the accident and its impact on your life is central evidence, and your attorney prepares you thoroughly. What happens if the jury awards less than the settlement offer I rejected? You keep the verdict amount. This is one reason careful evaluation of settlement offers matters, and why experienced attorneys assess the full range of likely outcomes before recommending a course of action.
How Personal Injury Cases Are Resolved Without Going to Trial
The vast majority of Oklahoma personal injury cases — well over 90% — resolve through negotiated settlements before a trial ever begins. The typical path runs from an initial demand letter and insurer response, to back-and-forth negotiation, to mediation if the gap is large, to final settlement and release. Settlements provide certainty: you know what you are receiving and when. Trials introduce risk — a jury might award more or less than the offer on the table — which is why the decision to accept or reject a settlement is always made collaboratively between you and your attorney based on the full picture of the evidence and the specific circumstances of your case.
When a Trial Becomes the Right Choice
Trials make sense when an insurer refuses to offer fair value, when liability is genuinely disputed and must be resolved by a jury, or when the damages are significant enough that the potential upside of a verdict justifies the time and cost. In those situations, thorough trial preparation — deposition testimony, expert witnesses, accident reconstruction, fully organized medical records — is what puts you in the strongest position, whether the case ultimately settles at the courthouse steps or goes all the way to a verdict. Many cases settle during trial preparation once the defense sees how strong the evidence is against them.
Frequently Asked Questions About Oklahoma Personal Injury Trials
How long does a personal injury trial take in Oklahoma? Most civil personal injury trials run two to five days. Complex cases with multiple parties or highly disputed liability may run longer. Will I have to testify? In most trials, yes — your account of the accident and its impact on your life is central evidence, and your attorney prepares you thoroughly. What happens if the jury awards less than the settlement offer I rejected? You keep the verdict amount. This is one reason careful evaluation of settlement offers matters, and why experienced attorneys assess the full range of likely outcomes before recommending a course of action.
Learn more from our contact us for a free consultation. Call us for a free case review.
Our experienced car accident lawyer team is here to help. Contact Warhawk Legal for a free consultation.
If you or a loved one has been injured, contact our experienced Oklahoma City personal injury attorney at Warhawk Legal. We offer free consultations and only get paid when you win.