Will My Ohio Personal Injury Case Go to Court?

After a serious accident, one of the first questions many people ask is: “Am I going to have to go to court?” It’s a fair concern. Going to court after an injury sounds intimidating, expensive, and time-consuming. But the truth is, most personal injury cases in Ohio settle out of court, and chances are, yours will, too.

At Kisling, Nestico & Redick, we understand how overwhelming this process can feel. With decades of experience handling personal injury claims across Ohio and millions recovered, our team knows how to handle negotiations, protect your rights, and, when necessary, win in court.

Call 1-800-HURT-NOW for a free, no-risk consultation with an experienced Ohio personal injury lawyer. We will review your case, explain your options, and help you move forward.

Most Personal Injury Cases Settle Before Trial

Despite what you might see in movies or on TV, only about 3% to 5% of personal injury cases ever go to trial. Most are resolved through settlement, often well before a courtroom is ever involved.

The Top Reasons Most Cases Settle Out of Court

• Time & Cost: Trials can take months—or even years—and come with significant legal expenses for both sides.
• Uncertainty: A jury verdict is unpredictable. Settling allows both parties more control over the outcome.
• Strong Evidence: Insurers are more likely to settle quickly when the facts clearly show who’s at fault.
• Pressure to Resolve: Insurance companies want to avoid the risk of a large court judgment, and plaintiffs often want to avoid the stress of litigation.
• Privacy: Settlements are private. Court trials are public records, which not all parties prefer.

At Kisling, Nestico & Redick, we’re courtroom veterans with victories across the state. Still, our aim is always to resolve your case efficiently and never at the expense of your recovery. We negotiate aggressively to reach a fair settlement. And if the other side refuses to offer what you deserve, we’re fully prepared to take your case to court.

When Do Personal Injury Cases Go to Trial & Why?

While most personal injury claims in Ohio settle, some proceed to trial. Understanding why a case might go to court can help you prepare for what’s ahead and recognize when litigation is the best path to maximum injury compensation.

Situations That May Lead to a Personal Injury Trial

• Disputed Liability: A jury may need to decide if the parties can’t agree on who caused the accident. This is common in multi-vehicle crashes, premises liability, and complex negligence cases.
• Low Settlement Offers: Sometimes, insurers offer far less than what a victim needs to cover medical bills, lost wages, and pain and suffering. Going to court may be the only way to pursue the full value of your losses.
• Conflicting Evidence: Both sides present very different versions of events in some claims. Expert testimony, medical records, and accident reconstruction can be evaluated more thoroughly during trial.
• Serious or Long-Term Injuries: Claims involving permanent disability, traumatic brain injury, or wrongful death often have high stakes—and higher resistance from the insurer. These cases are more likely to involve trial preparation from the start.
• Uncooperative Defendants: Some individuals, companies, or insurers refuse to negotiate in good faith. Filing a lawsuit may be the only way to compel meaningful dialogue or obtain a just result.

Filing a Lawsuit Doesn’t Always Mean Courtroom Drama

Filing a personal injury lawsuit doesn’t necessarily mean your case will end in a courtroom. Often, filing a suit initiates discovery—a legal process where both sides exchange information, documents, and testimony. This stage can reveal crucial facts leading to a favorable settlement before a trial begins.

That’s why working with a personal injury law firm that prepares every case as if it may go to court is essential. This approach ensures that the opposing side takes your claim seriously and allows us to build a compelling, evidence-backed case from day one. Whether through negotiation or litigation, our goal is to maximize your recovery and protect your future.

How Long Does a Personal Injury Lawsuit Take?

If your case goes to trial, the timeline can vary. Most personal injury lawsuits take several months to a few years to resolve, depending on factors like court scheduling, discovery timelines, and willingness to cooperate.

What Happens If My Case Does Go to Court?

If your case proceeds to trial, your attorney will present evidence, call expert witnesses, and argue your case before a judge or jury. The other side will do the same. After both sides present their arguments, the court will issue a verdict.

Should I Accept a Settlement or Go to Trial?

This decision to settle vs go to court will depend on your unique circumstances. A fair settlement may offer quicker resolution and guaranteed compensation, while going to trial may be necessary if the offer doesn’t cover your full damages.

Do Insurance Companies Want to Go to Court?

While the insurance company would prefer for you not work with a lawyer at all, generally, insurance companies prefer to avoid trials because they’re risky and expensive. However, they may push a case to court if they believe their liability is low or if they think the plaintiff will settle for less.

KNR’s Ohio Personal Injury Court Resources & Guides

If you’re considering a personal injury claim or wondering how Ohio courts handle these cases, these resources can help:

• How to Prepare for a Personal Injury Case in Ohio
• Can You Still Sue after Settling with the Other Driver’s Insurance?
• Can I File a Personal Injury Claim Without a Lawyer?
• How to File an Ohio Lawsuit on Behalf of a Loved One
• Can a Non-U.S. Citizen File a Personal Injury Lawsuit in Ohio?
• How to Sue After a Car Crash: 5 Critical Steps in an Ohio Car Accident Lawsuit
• A Guide to Personal Injury Lawsuits in Columbus, Ohio
• Do You Need to Pay Tax on Lawsuit Settlements?
• Choosing the Right Personal Injury Lawyer in Ohio – Why Hire KNR?

Your Case May Not Go to Court, But You Still Need the Right Lawyer

Insurance companies will fight to protect their bottom line even when a courtroom isn’t involved. That means pressuring you to settle quickly or for less than your case is worth. At Kisling, Nestico & Redick, we prepare every case like it’s going to court—because that’s how we secure serious results.

Call 1-800-HURT-NOW or contact KNR for a free, no-obligation consultation with an experienced Ohio personal injury attorney.