What Happens If My Illinois Personal Injury Case Doesn’t Settle?

Most personal injury cases settle before trial, but some don’t. If your Illinois case doesn’t settle, the path forward includes pretrial preparation, a jury or bench trial, a verdict (and possible judgment), post-trial motions and appeals, and if you win the sometimes-difficult process of collecting the judgment. In this blog, we walk through what to expect at each stage, how long it can take, who pays what, likely outcomes, and practical tips to protect your recovery.

How Common is it for Personal Injury Claims to go to Trial?

The short answer: rare. Nationwide data show that roughly 4–5% of personal injury cases proceed to trial, meaning about 95–96% resolve by settlement before trial. That’s been a long-running pattern: most cases settle because trials are slower, riskier, and more expensive for both sides.

What Happens After Settlement Talks Fail?

If settlement talks break down, litigation continues toward trial. Typical pretrial stages include:

• Discovery: exchange of medical records, written questions (interrogatories), document requests, and depositions of the parties, witnesses, and experts.
• Motions: either side can file pretrial motions (e.g., motions to exclude expert testimony, summary judgment motions asking the court to rule as a matter of law).
• Expert preparation: both sides identify, disclose, and prepare their experts (medical experts, accident reconstructionists, economists).
• Pretrial conference and jury instructions: the court schedules pretrial conferences and the parties file proposed jury instructions and exhibit lists.

Discovery and expert preparation are often the most time-consuming and costly parts of pretrial. Complex cases can involve many months (or years) of discovery; medical-malpractice and catastrophic-injury cases typically take longer because of medical records, retained experts, and more voluminous evidence.

What to Expect at Trial

When your case reaches trial, it will be either a jury trial (jury decides facts and awards damages) or a bench trial (judge decides both facts and law). In tort cases like car accidents, premises liability, and most personal injury claims, juries are common. Typical trial steps:

• Jury selection (if a jury trial)
• Opening statements
• Plaintiff’s case-in-chief (witnesses, evidence, experts)
• Defendant’s case
• Rebuttal and closing arguments
• Jury instructions and deliberation
• Verdict

Trials are public, formal, and governed by strict rules of evidence and procedure. Expect trial preparation (mock examinations, demonstratives, witness prep) to be intense. Nationally, certain injury cases (e.g., motor-vehicle cases) are among the most likely to be tried when cases do go to verdict.

What are the Possible Outcomes at Trial?

Outcomes generally fall into a few buckets:

• Plaintiff wins and receives a damages award. In Illinois, studies of jury verdicts show plaintiff recovery rates and award ranges vary by case type; one source notes plaintiffs receive damages in roughly half of jury trials in Illinois, with median awards that can be modest but with occasional very large verdicts. However, jury verdicts depend heavily on injury severity, liability strength, jurisdiction, and the facts of each case.
• Defendant wins (plaintiff recovers nothing). If the defendant proves no negligence or the plaintiff’s own negligence bars or reduces recovery, the plaintiff may come away with nothing.
• Mixed verdicts. The jury may assign a percentage of fault to the plaintiff (comparative negligence) that reduces the award. Illinois follows modified comparative negligence rules.  

How Often Do Plaintiffs Win at Trial and How Much Do Trials Pay?

Success rates and award sizes depend on case type:

• Car accident personal injury cases historically show plaintiff success rates above 50% at trial in many samples. For example, motor-vehicle cases have had higher plaintiff win rates compared to medical-malpractice trials, where plaintiff success is generally lower.
• Median and average awards vary widely; some Illinois data sources report median jury awards in the low tens of thousands of dollars but also note a small percentage of verdicts exceed $1 million. That means most verdicts are modest while a few are very large.

Keep in mind the risk/reward tradeoff: a trial could produce a large verdict, but it could also produce nothing. That’s why many cases settle even when the plaintiff has a viable claim.

How Long Will a Trial Take?

Case length varies by complexity and jurisdiction. For many personal injury matters, simple settlements happen in months; cases that go to trial commonly take 1–4 years or more from filing to verdict, especially for complex medical-malpractice or catastrophic-injury cases. Trials themselves usually run days to weeks; and some complex trials last months.

What Do I Pay If We Go to Trial?

• Contingency-fee lawyers: Most personal injury attorneys work on contingency, meaning they get a percentage of any recover. That means you generally don’t pay hourly attorney fees out of pocket while the case is pending; the lawyer recovers fees from the settlement or verdict. Ask your attorney for the exact fee percentage and how costs are handled.
• Case costs: Even on contingency, plaintiffs typically advance costs (expert fees, deposition costs, filing fees) that are repaid from the recovery. If you lose at trial, you normally do not owe the defendant’s attorney fees, as the United States follows the “American Rule” that each side pays its own attorneys unless a statute or contract says otherwise. There are exceptions (sanctions for frivolous claims, certain fee-shifting statutes, or contractual fee clauses).

What If There’s a Verdict?

A jury verdict becomes a judgment you can attempt to collect. But a judgment is only as good as your ability to collect it:

• Judgment enforcement tools in Illinois include citation to discover assets, wage garnishment, bank account levies, and recorded liens against real property. Illinois law provides the procedures and limits for these remedies. A judgment lien can exist for a number of years and can be revived in some circumstances.
• Practical issues: Even after a big verdict, defendants may have limited assets, insolvency, or bankruptcy protections that complicate collection. Judgment collection often becomes a separate post-judgment process and can require further courtroom steps.

Appeals and Post-Trial Motions

Losing parties frequently file post-trial motions (e.g., motions for judgment notwithstanding the verdict or for a new trial). If those fail, the losing party may appeal:

• Illinois appeals: Appeals from circuit courts generally go to the Illinois Appellate Court (five districts); the appellate process has strict deadlines and formal briefing rules. After the Appellate Court’s decision, parties may petition the Illinois Supreme Court for review in limited circumstances. Appeals focus on legal errors; they do not re-try facts.
• Effect on collection: An appeal can delay final collection; in some cases a judgment creditor may be able to take limited collection steps while an appeal is pending, but often a judgment is stayed while appeals proceed.

What to Expect Emotionally and Practically at Trial

Trials are stressful and public. Witnesses testify under oath; medical records and intimate details of injuries are examined; cross-examination can be emotionally difficult for injured plaintiffs. Practical considerations include:

• Time away from work for depositions and trial
• Unpredictable jury reactions
• Additional legal costs over time

Because of these burdens, many plaintiffs accept reasonable settlements rather than endure the uncertainty of trial.

Checklist: If Your Case Won’t Settle, What Should You Do?

• Stay organized: keep medical records, bills, photos, and witness contact info current.
• Communicate with your lawyer: ask for a trial timeline and cost estimate.
• Prepare for testimony: think through your account, practice calmly, and be honest.
• Discuss collection prospects: even a large verdict can be hard to collect.
• Understand appeals: clarify whether the defendant is likely to appeal and how that affects timing.

Contact the Top-Rated Illinois Personal Injury Lawyers at John J. Malm & Associates

At John J. Malm & Associates, we know that when your Illinois personal injury case doesn’t settle, the uncertainty of trial can feel overwhelming. Our experienced Illinois trial attorneys have successfully represented clients in courtrooms across Illinois, guiding them through every stage  from pretrial preparation to verdict and, when necessary, judgment collection. We fight tirelessly to present your case with precision, protect your rights, and pursue the maximum compensation you deserve. If your case is headed for trial, don’t face it alone. Contact us today for a free, no-obligation consultation. Let us stand with you and work to secure the justice you need.