The truth is most personal injury cases never make it to trial. Instead, they are resolved through settlements. But that doesn’t mean every case is simple—or that going to trial never happens.
If you were injured in Kansas City or anywhere in Missouri or Kansas, here’s what you need to know about how personal injury cases are resolved.
The Short Answer: Most Cases Settle
It’s estimated that over 90% of personal injury cases settle before reaching trial.
Settlements are common because:
- They are faster
- They cost less
- They reduce risk for both sides
What Is a Settlement?
A settlement is an agreement between you and the insurance company (or the at-fault party) to resolve your claim for a specific amount of money.
Once you accept a settlement:
- Your case is closed
- You receive compensation
- You cannot pursue additional claims for the same injury
Why Insurance Companies Prefer Settlements
Insurance companies are businesses. Their goal is to pay as little as possible.
Trials are:
- Expensive
- Time-consuming
- Unpredictable
A jury could award significantly more than a settlement offer. To avoid that risk, insurers often try to settle cases—sometimes quickly and for less than they are worth.
When Do Injury Cases Go to Trial?
While most cases settle, some do go to trial. This typically happens when:
Liability Is Disputed
If the other party denies fault, a trial may be necessary to determine who is responsible.
The Insurance Company Won’t Offer Fair Compensation
If settlement offers are too low, filing a lawsuit and preparing for trial may be the best way to pursue full compensation.
Severe Injuries Are Involved
High-value cases involving serious or permanent injuries often face more resistance from insurance companies.
There Is Disagreement Over Damages
Disputes over medical costs, lost wages, or pain and suffering can lead to litigation.
What Happens If Your Case Goes to Trial?
If your case goes to trial, it will typically follow these steps:
- Filing a lawsuit
- Discovery (exchange of evidence)
- Depositions and expert testimony
- Negotiations (many cases still settle during this phase)
- Trial before a judge or jury
Even after a lawsuit is filed, many cases still settle, often with a mediator, before the trial actually begins.
How Long Does It Take?
The timeline depends on whether your case settles or goes to trial:
- Settlement: A few months to a year
- Trial: 1–2 years (or longer)
Cases involving serious injuries or disputed liability tend to take more time.
Should You Settle or Go to Trial?
Every case is different, but the decision comes down to one key question:
Is the settlement offer fair?
A good personal injury attorney will:
- Evaluate the full value of your case
- Negotiate aggressively with insurance companies
- Advise you on whether to accept a settlement or proceed to trial
- Help you understand the strengths and weaknesses of your claim and the pros and cons of settlement versus trial
Sometimes, simply being prepared to go to trial can result in a higher settlement.
Missouri vs. Kansas: Why It Matters
Where your case is filed can impact your strategy.
Missouri
Missouri follows a pure comparative fault rule, meaning you can recover damages even if you are partially at fault.
Kansas
Kansas uses a modified comparative fault rule, which limits recovery if you are 50% or more at fault.
These differences can influence settlement negotiations and trial outcomes.
The Role of a Personal Injury Lawyer
Having an experienced attorney can make a significant difference in whether your case settles and how much you recover.
After an accident in Kansas City, figuring out who pays your medical bills is confusing — especially when Missouri and Kansas follow different rules. Castle Law Office helps injury victims in Kansas City get their bills paid, stop collections, and recover the compensation they deserve. Call us today at (816) 842-7100 or to speak with an attorney https://www.castlelaw-kc.com/contact.cfm.
