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Personal Injury Cases: How Often Are They Taken to Trial?

Robert Stahle • June 25, 2024
Personal Injury Cases: How Often Are They Taken to Trial?

There are many types of personal injury, with the most common ones being automobile accidents, slip and fall cases, medical malpractice, and wrongful death. With the distinct situations these incidents can lead to, you can expect varying methods of resolution.

While some lawsuits are settled without further legal proceedings, others may need the participation of a judge or jury. Read on to find out what percentage of personal injury cases go to trial.

Personal Injury Settlement vs. Trial
When personal injury occurs, the victims typically seek compensation for their losses, including medical costs, lost wages, and property damage. Usually, they and the at-fault party will settle the case without a trial.

However, further legal action will be needed if both parties fail to negotiate a settlement. Although the statistics may change over time, it is estimated that 3 to 5 percent of personal injury lawsuits are taken to court.

Factors Influencing Why Personal Injury Cases Go to Trial
Now that you know what percentage of personal injury cases go to trial, you might wonder why this legal process may be considered. Some factors that might affect the decision to take a lawsuit to court are:

  • Disputes Over Liability
    In certain cases, the individuals involved may disagree on who is responsible for the accident or injury. A personal injury trial will typically follow when this type of dispute occurs, and negotiations become futile.
  • Disagreement on Settlement Offers
    Sometimes, both parties in a personal injury case may not see eye to eye on the settlement amount. One may demand an unrealistic compensation, while the other attempts to lowball. A trial helps ensure negotiations go smoothly and fairly.
  • Complex Legal Cases
    Negotiating a settlement can be challenging when a personal injury lawsuit involves multiple victims, extensive injuries, or other complex situations. Because of this, a trial is ideal to ensure a fair and just outcome.
Consult Fitch & Stahle Law Office for Your Legal Needs
Dealing with personal injury lawsuits can be complicated, especially if you’re unsure whether a settlement is ideal or it’s best to go to trial. Our experienced lawyers at Fitch & Stahle Law Office can help you navigate your case for a successful outcome. Contact us today to learn more.

By Robert Stahle July 28, 2025
Including Dram Shop Liability
By Robert Stahle July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.