What Percentage of Personal Injury Cases Go to Trial in Indiana?

Empty courtroom with a gavel and witness box in the foreground.

Updated January 14, 2026

The Short Answer

Statistics show that over 90% of personal injury cases are settled out of court. Only about 4-5% of personal injury cases go to trial. Even if a case proceeds to court, it can still be settled before a judge or jury makes a final decision.

Key Takeaways

Personal injury cases related to car accidents, slip and falls, and dangerous products are more likely to settle out of court.
Claims for minor injuries, such as soft-tissue damage or broken bones, are more likely to be settled without a trial.
Cases involving catastrophic injuries or medical malpractice are more likely to proceed to trial.
Lawsuits are likely if liability is disputed, the defendant is not admitting fault, or settlement negotiations have stalled.
Settlements are typically faster and most cost-effective for all parties involved. Jury verdicts come with more uncertainty but could result in larger payments.

What’s my case really worth?

Deciding Whether to Pursue a Personal Injury Lawsuit
Why Is My Personal Injury Case Going to Trial?
Do Insurance Companies Want to Go to Court?
What Happens if a Personal Injury Case Goes to Trial?
Schedule a Free Appointment With an Indiana Personal Injury Attorney
Related Articles & Info

Deciding Whether to Pursue a Personal Injury Lawsuit

Deciding whether to pursue a personal injury lawsuit is one of the most important decisions you will make regarding your accident claim. As discussed above, most claims are settled without filing an injury lawsuit, especially if your injuries were relatively minor and liability is not disputed. Your personal injury attorney will discuss all options with you to determine whether an injury lawsuit is in your best interests. Some questions we ask before deciding on an injury lawsuit include:

What is the risk of losing?
How much will it cost to litigate the case?
Do we believe we can win you an amount large enough to make it worth filing a lawsuit?
How long will it take to complete a lawsuit?
What are the possible defenses to the lawsuit?
Is the chance of receiving a higher amount worth the delay in compensation?
Is the other party likely to appeal if we win the case?

Why Is My Personal Injury Case Going to Trial?

One of the main reasons for filing a lawsuit is that the other party failed to negotiate fairly. By negotiating with the other party’s insurance company, we can often arrive at a settlement that all parties can accept. Unfortunately, in some cases, the insurance company for the other party refuses to negotiate in good faith, forcing you to pursue a personal injury lawsuit to resolve the matter. Here are a few other reasons why your case may end up in court.

Disputed Liability

If the defendant is denying liability or trying to blame you for causing the accident, you may need to go to court to prove that they are responsible. Indiana is a modified comparative negligence state, so damages can be reduced by your level of responsibility.

Unclear Damages

Sometimes, the plaintiff and defendant may disagree on how much the injuries are worth. If you cannot come to an agreement during settlement negotiations, you may need a judge or jury to make a decision. Many personal injury cases go to trial over disputed damages and contested liability.

Large Payouts

The larger the potential payout, the more likely it is for the defendant to challenge your claim in court. If your case exceeds the defendant’s insurance limits or involves catastrophic damages, a trial is more likely.

After weighing all these factors, if you agree that filing a lawsuit is the best course of action, we will proceed to file the case and serve the defendants with a copy of the complaint.

Do Insurance Companies Want to Go to Court?

Insurance companies do not want to fight your personal injury case in court, but they will in certain circumstances. 9 times out of 10, insurance companies prefer settlements because they save time and money. They also offer a more predictable outcome and a way to limit financial exposure since their attorneys have a say in determining the final settlement offer. Here are a few instances when insurance companies take cases to court.

Insurance companies may vigorously defend their business practices if settlement negotiations have failed and you choose to bring a lawsuit for bad faith.
Product liability cases that could set a precedent and lead to claims from additional consumers are more likely to be challenged in court.
If the insurance company believes the claim is frivolous, they may take the case to court to call your bluff.

What Happens if a Personal Injury Case Goes to Trial?

Once we begin a lawsuit, the case does not go to trial immediately. Here’s an overview of what to expect before and after your attorney submits a complaint.

Investigation: Once you’ve hired a personal injury attorney, your legal team will begin investigating the case and gathering evidence to determine how much compensation you are owed.
Filing and Service: All of the facts of the case are compiled in an official court document known as the complaint. This document is submitted to the court and delivered to the defendant.
Response: After being served, the defendant typically has 21 days to respond to the complaint. They can affirm or deny the allegations, raise possible defenses, or submit a counterclaim.
Discovery: Often the longest part of a personal injury case, discovery allows both sides to gather evidence, depose witnesses, and share relevant information.
Pre-Trial Motions: The court may consider certain motions before the trial begins. The plaintiff may submit a request for summary judgment, or the defendant may ask the court to dismiss the case with or without prejudice.
The Trial: Personal injury trials have multiple parts. The process starts with jury selection before opening statements are given and evidence is presented. Your attorney may also invite expert witnesses to testify on your behalf. After closing arguments, a judge or jury will make the final decision.
Post-Trial Motions: Even after a judgment is issued, either party can file a post-trial motion challenging the verdict or requesting an appeal.

Even if a case goes to trial, it’s important to note that the lawsuit can be settled anytime before a verdict is issued. In fact, if your lawyer has established a strong case, it may push the other party to settle rather than giving the jury an opportunity to issue a large award. Our team of injury attorneys weigh all factors carefully to determine if settling out of court is in your best interest.

Schedule a Free Consultation With an Indiana Personal Injury Attorney

Now that you know what percentage of personal injury cases go to trial, it’s important to find a lawyer who can represent you in and out of the courtroom. Strong legal representation is essential if your case goes to trial, but it’s also helpful during settlement negotiations. The right advocate can fight for a favorable settlement without backing down and take your case before a judge if needed.

Our Indiana personal injury attorneys are skilled negotiators and highly trained trial litigators. They have the skills and experience you want. Contact The Ken Nunn Law Office to schedule your free legal consultation online with one of our experienced attorneys.