Will My Personal Injury Case Go to Trial in Pennsylvania?
It's one of the first questions people ask: "Am I going to have to go to court?" The short answer is that most personal injury cases in Pennsylvania settle without a trial. But the cases that settle for full value are usually the ones that were prepared as if they were going to trial. Here is how the process works and when a trial becomes more likely.
Most cases settle, and here's why
A trial takes time and costs money for both sides, and the outcome is never guaranteed. Insurance companies weigh the risk of a jury verdict against the cost of settling. When your claim is well documented and your lawyer is clearly ready to try the case, that risk works in your favor. For the full picture of the process, see how a personal injury claim works in Pennsylvania.
The stages of a case
Insurance claim and negotiation. Many cases resolve here, once treatment is complete and damages are documented.
Filing a lawsuit. If the insurer won't be fair, or the two-year filing deadline is approaching, a complaint is filed in the county Court of Common Pleas.
Discovery. Both sides exchange records, answer written questions and take depositions.
Mediation or arbitration. Many cases settle at mediation. In many Pennsylvania counties, smaller cases go to compulsory arbitration before a panel of attorneys.
Trial. A judge or jury hears the evidence and decides fault and damages.
When a trial becomes more likely
Disputed fault. The insurer blames you, or argues you were partly at fault.
Disputed injuries. The insurer claims your injuries came from something else, such as a pre-existing condition.
Lowball offers. The insurer refuses to offer anything close to the real value of the claim.
What it means for you if your case is filed
Filing a lawsuit doesn't mean you'll end up in a courtroom. It often moves a stalled claim forward. You may need to answer written questions and give a deposition, and your attorney will prepare you for each step. You stay in control: no case settles without your approval.
How long does it take?
A case that settles during the claim stage may resolve within months of finishing treatment. A case that goes into litigation often takes longer. Read how long a personal injury settlement takes for more detail.
Talk to Joyce, Carmody & Moran
Our attorneys bring real courtroom and litigation experience to every case, and insurers know it. If you were injured anywhere in Pennsylvania, call Joyce, Carmody & Moran at 570-602-3560 for a free consultation. We'll explain your options and what to expect at each stage.
Let’s Work Together
When you work with us, you can expect clear communication, thoughtful strategy, and a team that is fully invested in your goals. We take the time to understand your needs, tailor our approach, and stand with you through every step of the legal process. Let’s move forward — together.