Will my personal injury case go to trial? This is a question asked by every person who has ever filed a lawsuit.
Most cases (approximately 95 percent) settle before trial. This is because well before trial, both sides should have completed their investigation and are able to properly evaluate the value of your case. Most attorneys evaluate cases similarly and come up with settlement figures that are "in the same neighborhood." When this happens, and both side's evaluations of the case are close, there is no real reason to go to trial.
While attorneys may evaluate cases similarly, there is no guarantee that a jury will. A group of complete strangers evaluating your case brings a huge element of uncertainty into the process. There is no way to determine beforehand what evidence a jury will find important and what evidence a jury will ignore. And a jury has the right to do both. Neither side wants to be surprised by an unfavorable jury verdict. Therefore, this is pressure on both plaintiff's and defendant's attorneys to settle the case without going to trial.
Only when the party's respective valuations of your case are vastly different will cases go to trial. If the settlement offer is $100,000 and your attorney thinks your case is worth a few million, chances are your case will go to trial. In this situation, it's worth it for both sides to take the risk of a jury trial. These situations do not happen frequently, especially when judges are also pressuring both sides to settle the case. But they can and do happen, and that is the purpose of a jury: to render a decision for two parties who can come to an agreement on their own.