Do Most Car Accident Claims End in Trial?

If you were recently injured in a car accident in Philadelphia, you may be entitled to pursue compensation through a claim against the other driver, but you might have questions. You may imagine your case winding up in a courtroom, but how likely is that to happen? How often do car accident cases go to court? Much less often than you might think. These cases go through several other stages first, and they can be resolved at any time. An experienced car accident lawyer from The Levin Firm can evaluate your situation and explain whether your case might wind up in trial.

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What Percentage of Car Accident Cases Go to Trial?

An often-cited statistic is that 3 to 5 percent of civil cases go to trial. This figure comes from an outdated study by the Bureau of Justice Statistics (BJS) released in 2005 that analyzed statistical data back to 1992. According to this data, motor vehicle accident cases accounted for over a third of civil trials in 2005. However, there is no current BJS dataset that has provided a more recent figure for how many car accident cases go to trial. Therefore, it’s hard to estimate how many cases actually proceed to trial. 

What the Pennsylvania Court Numbers Actually Show

It’s not entirely clear what percentage of car accident cases go to trial, but the bottom line is that jury and bench trials alike are exceedingly rare in civil cases. According to data presented in an article in Judicature, a publication produced by the Bolch Judicial Institute and Duke Law School, Pennsylvania had the highest percentage of civil cases proceed to jury trial of any state in the country in one recent year – and the Commonwealth’s rate was just 0.53 percent. Bench trials were barely more common, with just 1.5 percent of civil cases ultimately being decided by a judge. 

According to the 2024 Caseload Statistics of the Unified Judicial System of Pennsylvania report, 17,688 motor vehicle accident cases were filed out of the total 149,859 total docketed civil cases, representing 11.8% of all civil cases for that year. 

However, just because a personal injury lawsuit is filed, that does not necessarily mean that it will go to trial. Many personal injury cases are resolved through settlement negotiations or pre-trial motions. While only a small percentage of cases might wind up at trial, it is important that you work with an experienced attorney who can confidently walk you through all your legal options and be prepared to handle your personal injury claim in court if this becomes necessary. 

Do Most Car Accident Cases Settle?

Generally speaking, yes, although there are other ways car accident cases might be resolved. For example, some cases are dismissed, decided through motions, or resolved through other procedures. 

Reasons a Car Accident Claim Ends Up Before a Judge or Jury

While most claims resolve without reaching the car accident jury trial stage, some disputes can’t be settled before they go to court. Here are some of the most common reasons why a case might go to trial:

• The Parties Disagree About Fault – Each driver may blame the other, or the insurer may dispute its policyholder’s responsibility for the crash.
• The Insurer Challenges the Injuries – It may argue that the collision didn’t cause the claimant’s condition or that the medical treatment they received was unnecessary.
• The Parties Disagree About Damages – The parties may value medical expenses, lost income, future losses, or pain and suffering very differently.
• Several Parties May Share Responsibility – Multiple drivers, employers, or other defendants can make liability more challenging to resolve.
• The Settlement Offer Remains Too Low – A claimant may decide that continuing the case offers them a better chance of recovering fair compensation.

Philadelphia’s Arbitration Program

Civil cases involving damages of less than $50,000 are subject to compulsory arbitration in Philadelphia. After hearing the case, a three-lawyer arbitration panel issues an award that’s entered on the court docket. More than 12,000 cases are resolved here each year. 

What Happens After an Arbitration Award in Philadelphia

Either side generally has 30 days to appeal the award.

An appeal of an arbitration award doesn’t simply involve asking a judge to review whether the arbitrators made a mistake. Instead, the case proceeds to a trial de novo, meaning it’s tried again from the beginning as though it hadn’t gone through arbitration. Depending on the circumstances and whether a jury trial is properly demanded, the case may then be decided by a judge or jury. If nobody appeals before the applicable deadline passes, a party can seek entry of judgment on the arbitration award.

Deciding Between a Settlement Offer and a Courtroom

Whether you choose between a car accident settlement vs. trial depends on a number of factors, including the strength of the evidence, how much the insurance company has offered you to settle, the risks of litigation, and your priorities. A settlement can provide a more predictable result and resolve the case sooner. However, if the insurer refuses to offer fair compensation, going to court may be appropriate. Before you make a decision, consider:

• Whether the offer accounts for both your current and future losses
• The strength of the evidence of fault and losses
• What additional costs and delays litigation could involve
• Whether disputed facts could affect the outcome before a judge or jury
• How much uncertainty you’re comfortable accepting

A Philadelphia car accident lawyer can help you weigh these factors and explain the likely consequences of accepting, rejecting, or continuing to negotiate a settlement offer.

Results from Cases We Litigated and What Clients Say

When pursuing a claim against a driver whose actions caused you harm, you need an attorney on your side who’s prepared to fight hard and go the distance on your behalf. At The Levin Firm, we have extensive experience with the car accident lawsuit process in Pennsylvania and a track record of successful outcomes in challenging cases. While past results don’t guarantee future outcomes, some of our most significant successes include*:

• A $3 million award recovered after years of litigation and dozens of depositions on behalf of a client who suffered permanent injuries as a passenger in a rollover accident
• A $2.5 million recovery for a client who was hit head-on by a tractor-trailer while riding her motorcycle, which represented the maximum available insurance coverage

These cases involved large recoveries, but they ultimately did not involve going to trial, so it’s important to understand that litigation can end without the need to go to trial, and having an attorney who is equipped to battle just as hard outside the courtroom as in it. At The Levin Firm, we do everything we can to secure the best outcome for car accident victims, whether that means delivering a jury verdict or reaching a fair settlement agreement after aggressive negotiations with insurance companies. 

The Levin Firm has received recognition from numerous local and national professional legal organizations. Firm founder Gabriel Z. Levin has been selected by Super Lawyers® as a top personal injury attorney each year from 2010 to 2026 and recognized by the Association of Trial Lawyers of America as its regional and national champion for trial advocacy. But just as meaningful to us are the statements we’ve received from satisfied clients like Melissa S., who writes:

“I was hit by an uninsured motorist and was recommended to The Levin Firm by a close friend. I am So glad we went with The Levin Firm. Megan, our paralegal, was AMAZING! She consistently updated me on my case. She also answered my numerous questions I had about this process. My attorney, Gabe, fought to ensure we got the compensation I deserved. I highly recommend The Levin Firm.”

Talk With a Philadelphia Car Accident Lawyer Before You Accept an Offer

The statute of limitations for car accident claims in Pennsylvania gives you just two years to file a lawsuit in most cases. Don’t delay in reaching out to an experienced car accident attorney to discuss your case. If you’ve received a settlement offer but haven’t yet secured legal representation, contact The Levin Firm right away to arrange a free consultation and get the support you need.