Will My PA Car Crash Injury Case Settle or Go to Court?

Settlement vs. Trial in Pennsylvania Car Accident Cases

The overwhelming majority of Pennsylvania personal injury cases — including car accident cases — resolve through settlement rather than trial. Studies consistently show that somewhere between 90% and 95% of civil injury cases settle before reaching a jury. But whether your case will settle, and on what terms, depends on a number of factors specific to your situation.

Why Cases Settle

Both sides generally have incentives to settle. Insurance companies prefer predictability — a settlement eliminates the risk of a large jury verdict. Injured plaintiffs typically prefer the certainty of a known recovery over the uncertainty of a trial outcome, and they benefit from receiving compensation sooner rather than waiting for a trial date that may be a year or more away. Settlement also avoids the cost and stress of courtroom litigation.

Cases that settle successfully typically share some characteristics: liability is reasonably clear, the injuries are well-documented, treatment has concluded or reached a stable plateau, and both sides have a realistic assessment of the case’s value.

When Cases Go to Trial

Trials become necessary when:

• The insurance company disputes fault entirely or significantly
• The insurer undervalues the claim relative to what the evidence supports
• The insurer raises defenses — such as comparative fault or pre-existing conditions — that require a jury to resolve
• The damages are large enough that the insurer is unwilling to settle at full value without facing a jury

The Role of Your Attorney

An experienced Pennsylvania car accident attorney pursues settlement aggressively when the offer fairly reflects the value of your claim. But your attorney must also be fully prepared — and willing — to take cases to trial when the insurer refuses to offer fair value. Insurance companies know which law firms try cases and which don’t; a firm with a reputation for courtroom willingness often achieves better settlements as a result.

Purchase, George & Murphey, P.C. has decades of experience litigating and settling car accident and personal injury cases in Erie County courts. Contact us for a free consultation.