In the United States, fewer than two percent of all personal injury cases filed in federal court go to trial. The jury trial rate is even lower, at about 0.7 percent, based on national court statistics (Judicature). The vast majority of personal injury claims are resolved before trial through negotiation, settlement, or mediation.

But when insurance companies refuse fair settlements or significant disputes exist about liability, going to court may become necessary in order to protect your rights. Understanding what happens during each phase of trial can help you feel more confident and prepared if your case reaches this stage.

At Chris Hudson Law Group, we have guided clients through the trial process for over 20 years, handling personal injury cases in Augusta and throughout Georgia. We know what it takes to present compelling evidence and protect your interests in court.

Why Most Personal Injury Cases Don’t Go to Trial

The vast majority of personal injury claims settle before trial for good reason. Both sides typically prefer settlement because it offers certainty, reduces costs, and avoids the unpredictability of a jury verdict.

From the plaintiff’s perspective, settlement provides a guaranteed result and avoids the risk of losing at trial. For defendants and insurance companies, settlements limit their exposure and avoid the public nature of court proceedings. According to the American Bar Association, settlement negotiations are a critical component of civil litigation strategy.

Several factors influence whether a case settles or goes to trial:

Cost and time: Trials are lengthy and expensive for all parties
Strength of evidence: Weak evidence on either side encourages settlement
Jury unpredictability: No one can predict how jurors will respond
Insurance company tactics: Sometimes, insurers offer low or unfair settlements, forcing claimants to pursue a trial
Mediation success: Many cases resolve through structured mediation before trial

When settlement talks break down and both sides cannot agree on value, a trial may be the only remaining path. In these moments, experienced counsel can make a decisive difference. With 22 years of courtroom and negotiation experience, Christopher Hudson leverages proven advocacy and litigation skills to protect clients all the way through trial if necessary, ensuring that every case receives the attention and representation it deserves.

Pre-Trial Preparation: Building Your Case

Long before trial begins, the real work happens during the discovery phase. This is where both sides exchange information and build their cases. Understanding what happens during discovery is crucial to preparing your case for trial.

Discovery includes several key components:

Interrogatories: Written questions one party sends to the other, requiring detailed answers under oath
Requests for Admission: Formal requests asking the other side to admit or deny specific facts
Depositions: In-person questioning of witnesses and parties, recorded by a court reporter
Medical examinations: Defense doctors may examine you to evaluate your injuries and recovery

During this phase, your attorney gathers medical records, accident reports, witness statements, and expert opinions. We also prepare you for your own testimony and coordinate with expert witnesses who will testify about your injuries, medical treatment, and damages.

Christopher Hudson’s background as a former insurance defense attorney gives us knowledge of how the other side thinks and prepares. We know their strategies and how to counter them effectively. This insider knowledge helps us build stronger cases and prepare clients more thoroughly for trial. Amanda Morris, our trial attorney, brings extensive courtroom experience from her background as an Assistant Public Defender, ensuring comprehensive trial preparation.

Jury Selection and Opening Statements

Once the trial begins, the first step is jury selection, also called “voir dire.” This process allows both attorneys to question potential jurors about their backgrounds, biases, and ability to be fair. According to the Federal Judicial Center, jury selection is one of the most critical phases of a trial.

During voir dire, attorneys look for jurors who can remain impartial and understand the legal principles involved in your case. Each side can challenge jurors “for cause” if they show obvious bias, and each side receives a limited number of “peremptory challenges” to remove jurors without stating a reason.

After the jury is seated, both attorneys deliver opening statements. These aren’t arguments—they’re roadmaps. Your attorney outlines what the evidence will show and tells the story of your case in a way that makes sense to jurors. The defense does the same. Opening statements set the tone for everything that follows and create the narrative framework jurors use to evaluate evidence.

First impressions matter. A compelling opening statement that clearly explains your case helps jurors understand why your injuries matter and why the defendant bears responsibility. Our team at Chris Hudson Law Group has successfully presented hundreds of opening statements that resonate with juries.

Presenting Evidence and Witness Testimony

The heart of the trial is presenting evidence and hearing testimony. Your attorney presents your case first, calling witnesses and introducing documents and physical evidence. This phase determines whether you receive fair compensation for your injuries.

Testimony follows a specific structure. Your attorney conducts “direct examination,” asking questions that allow witnesses to tell their story. The defense attorney then conducts “cross-examination,” asking challenging questions designed to test credibility or create doubt.

Key witnesses typically include:

You: Your personal account of the accident and how the injuries affected your life
Medical providers: Doctors and specialists who treated your injuries
Expert witnesses: Medical experts, accident reconstructionists, or economists who provide specialized opinions
Fact witnesses: People who saw the accident or know relevant facts

After your case concludes, the defense presents its evidence and witnesses. Your attorney has the opportunity to cross-examine their witnesses, challenging their testimony and highlighting weaknesses in their case. Understanding how to measure shared fault can strengthen your position during this critical phase.

Credibility is everything at trial. Jurors evaluate not just what witnesses say, but how they say it. Honest, straightforward testimony carries far more weight than evasive or overly rehearsed answers. The National Institute for Trial Advocacy emphasizes that witness credibility is the cornerstone of trial success.

Closing Arguments and Jury Instructions

After all the evidence is presented, both attorneys deliver closing arguments. Unlike opening statements, closing arguments allow attorneys to argue and interpret the evidence they’ve heard. This is your final opportunity to persuade the jury.

Your attorney ties the evidence together, explaining how it proves the defendant’s negligence and the extent of your damages. The defense argues their version of events and why jurors should find in their favor.

After closing arguments, the judge provides jury instructions—the legal standards jurors must apply when deciding the case. These instructions explain concepts like burden of proof, negligence, and how to calculate damages. Understanding economic damages vs. non-economic damages helps you understand what the jury will consider.

The judge explains that you must prove your case by a “preponderance of the evidence”—meaning it’s more likely than not that the defendant caused your injuries.According to the U.S. Department of Justice, this is a lower standard than the “beyond a reasonable doubt” used in criminal cases.

Jurors then retire to the jury room to deliberate. They discuss the evidence, apply the law as instructed, and work toward a verdict. Deliberations can last hours or days, depending on case complexity. Clear and thorough jury instructions help ensure jurors understand the standards they must apply, which can significantly impact verdict outcomes.

The Verdict and Post-Trial Options

When jurors reach a verdict, they return to the courtroom and announce their decision. The judge enters a judgment based on the verdict, which becomes a court order. This moment determines whether you receive compensation for your injuries.

Importantly, a verdict doesn’t always end the case. Several post-trial options exist:

Post-verdict settlement: Parties sometimes negotiate and settle even after a verdict, avoiding appeals
Appeals: Either side can appeal the verdict if they believe legal errors occurred during the trial
Judgment collection: If you win, the defendant must pay the judgment, though collection can sometimes require additional legal action

The entire process from injury to final verdict typically takes 1-3 years for cases that go to trial. Cases that settle may resolve in 6-18 months. While this timeline seems long, thorough preparation and aggressive representation often result in better outcomes than rushing to settle. Learn more about how long a personal injury lawsuit takes to understand the full timeline.

How Chris Hudson Law Group Prepares You for Trial

We represent clients on a contingency fee basis, meaning you pay nothing up front. We only recover a fee if we win your case or secure a settlement. This aligns our interests with yours and motivates us to pursue the maximum recovery possible on your behalf.

Our approach includes:

Free consultation: We evaluate your case and explain your options with no obligation.
Thorough investigation: We gather evidence, interview witnesses, and consult with experts to build the strongest possible claim.
Client communication: We keep you informed throughout the process and ensure you understand each stage, including what to expect if your case goes to trial.
Aggressive representation: We challenge insurance company tactics, negotiate firmly, and are fully prepared to fight for fair compensation at every step.

We are admitted to practice in Georgia, South Carolina, and the District of Columbia and are dedicated to advocating for your rights, whether your case settles or proceeds to trial. Our case results demonstrate our track record of success in personal injury litigation.

Key Differences Between Settlement and Trial

Understanding the tradeoffs between settlement and trial helps you make informed decisions about your case.

Settlement advantages:

Guaranteed compensation without jury risk
Faster resolution
Privacy—settlements remain confidential
You maintain control over the outcome

Trial advantages:

Potential for higher recovery if evidence is strong
Opportunity to hold the defendant fully accountable
Public record of defendant’s negligence
Jury may award damages beyond what insurance companies offer

Trial risks:

Jury may find defendant not liable
The verdict may be lower than the settlement offer
Public nature of proceedings
Longer timeline to resolution

The right choice depends on your specific case. Strong evidence of liability and serious injuries often favors a trial. Weak evidence or modest injuries may favor a settlement. We evaluate these factors carefully and recommend the strategy most likely to maximize your recovery. Understanding compensatory vs. punitive damages can help inform your decision.

Insurance companies know which cases are strong and which are weak. When they refuse fair settlements on strong cases, it’s often because they’re betting you won’t go to trial. Our willingness to prepare thoroughly and try cases aggressively sends a clear message: we’re serious about getting you fair compensation. Learn what not to say to an insurance adjuster to protect your case.

Frequently Asked Questions

What percentage of personal injury cases actually go to trial?

Less than 4% of personal injury cases go to trial. Most settle during negotiations or mediation. However, when insurance companies refuse fair settlements or significant liability disputes exist, the trial becomes necessary to protect your rights and ensure you receive fair compensation for your injuries. Our personal injury practice handles cases at every stage of litigation.

How long does a personal injury trial typically take?

The trial itself may last several days to a few weeks, depending on case complexity and the number of witnesses. However, the entire process from injury to final verdict typically takes 1-3 years. Cases that settle may resolve in 6-18 months. While this timeline seems long, thorough preparation often results in better outcomes than rushing to settle. Learn more about the personal injury lawsuit timeline.

Can my personal injury case still settle after going to trial?

A: Yes. Cases can settle at any point, including after the trial begins or even after a verdict is announced. Post-verdict settlements sometimes occur when parties negotiate rather than pursue appeals. This flexibility means settlement remains possible even if your case reaches trial. Understanding what happens after mediation can help you prepare for this possibility.

Ready to Discuss Your Case?

If you’ve been injured and are considering whether your case should go to trial or settle, we’re here to help. Chris Hudson Law Group offers free consultations to evaluate your case and explain your options.

Contact us today at (706) 863-6600 to schedule your free consultation. We serve clients throughout Augusta and the Central Savannah River Area, including South Carolina. We work on a contingency fee basis, so you pay nothing unless we win your case or reach a settlement.

Your rights matter. Let us fight for the compensation you deserve.