Setareh Law
February 9, 2026
The overwhelming majority of personal injury cases in California never reach trial, with approximately 95% settling before a judge or jury makes a final decision. Understanding how the litigation process works and why so few cases actually go to trial can help you make informed decisions about your own claim.
At Setareh Law, we have recovered over $250 million for injured clients throughout California and understand both settlement negotiations and courtroom advocacy. Our 60 years of combined experience mean we know when to negotiate aggressively and when trial becomes necessary to secure full compensation for your injuries.
Why Do Most Personal Injury Cases Settle?
Settlement offers substantial advantages for both injured parties and defendants. Financial recovery arrives faster through settlement than waiting months or years for a trial date, allowing you to pay medical bills and replace lost income without prolonged delay. Litigation costs escalate significantly when cases proceed to trial, as expert witnesses, depositions, and courtroom preparation require substantial resources.
The certainty of settlement also eliminates the unpredictability of jury verdicts. While some cases result in larger awards at trial, others may yield less than settlement offers, and defendants face the possibility of paying nothing if they win. Both sides typically prefer the guaranteed outcome that settlement provides.
What Factors Increase the Likelihood of Going to Trial?
Cases involving severe injuries with substantial long-term consequences face higher trial rates, particularly when insurance companies refuse to offer compensation reflecting the true extent of damages. Catastrophic injuries such as traumatic brain injuries, spinal cord damage, or permanent disability often require trial presentation so juries can fully understand the impact on your life.
Liability disputes also push cases toward litigation. When fault remains contested or multiple parties share responsibility, settlement negotiations may stall. Insurance companies sometimes take unreasonable positions regarding their policyholder’s negligence, forcing injured parties to seek justice through the court system.
Cases Where Settlement Proves Difficult
Policy limits create another obstacle to resolution. If your damages exceed the defendant’s insurance coverage, the insurance company may refuse to negotiate beyond their maximum payout, leaving trial as the only path to adequate compensation. We represent clients in such situations by pursuing additional sources of recovery or taking cases to court when necessary.
Bad faith insurance practices similarly necessitate litigation. When insurers unreasonably delay claim processing, deny valid claims without proper investigation, or refuse fair settlement offers, we escalate matters through California’s legal system. Our team has successfully handled numerous car accident cases and truck accidents where insurance companies initially refused reasonable settlement but ultimately paid substantially more after we demonstrated our willingness to litigate.
How Does the Trial Process Work in California Personal Injury Cases?
California personal injury trials follow specific procedural rules established by the state’s Code of Civil Procedure. After filing your complaint and completing discovery, your attorney files a trial brief outlining legal arguments and evidence. The court schedules mandatory settlement conferences before trial, providing final opportunities for resolution without a verdict.
Trials typically last between several days and several weeks, depending on case complexity. Both sides present opening statements explaining their version of events, followed by witness testimony and cross-examination. Expert witnesses frequently testify regarding medical injuries, accident reconstruction, or economic damages in motorcycle accident and pedestrian accident cases.
After both sides rest their cases, attorneys deliver closing arguments synthesizing the evidence. Juries then deliberate and render verdicts determining both liability and damages. California follows a pure comparative negligence system, meaning your compensation reduces by your percentage of fault even if you bear partial responsibility for the accident.
Should You Accept a Settlement or Go to Trial?
This decision requires careful analysis of multiple factors while working with experienced legal counsel. We evaluate the strength of evidence supporting your claim, the severity and permanence of your injuries, and whether the offered settlement amounts adequately cover past and future damages. Policy limits, defendant financial resources, and litigation costs all influence our recommendations.
Some clients need immediate financial relief and prefer settlement certainty over trial risk. Others suffered such devastating injuries that only jury verdicts can provide just compensation. We present all relevant information so you make informed decisions aligned with your needs and circumstances.
Contact Setareh Law for Your California Personal Injury Case
Whether your case settles or proceeds to trial, having aggressive advocates protecting your interests proves essential to securing maximum compensation. Our attorneys have successfully handled thousands of injury claims throughout California, earning over 400 five-star reviews from satisfied clients. We meet you where you are, with eight office locations across California and home visits available.
Call us today for a free consultation about your personal injury claim. We evaluate your case, explain your legal options, and develop a strategy tailored to your specific situation. Contact us now to get started with a team dedicated to fighting for the compensation you deserve.
