Legally Reviewed by Dale R. Rose on August 17, 2026
Most personal injury claims in Texas settle before a lawsuit ever reaches a jury. A case moves toward trial when the insurance company and the injured party cannot agree on who was at fault, how much the claim is worth, or both. Once that gap between positions cannot be closed through negotiation or mediation, the remaining path to compensation is asking a judge or jury to decide.
At Dale R. Rose, PLLC, we prepare every personal injury case as though it may end up in front of a jury, even though most resolve well before that point. That approach shapes how we build a case from the first phone call, because insurance companies negotiate differently with a firm they know is prepared to try a case in court. Our personal injury practice is built around that principle for clients across McKinney, Bonham, and the surrounding North Texas communities.
Significant Disagreements About Liability
One of the primary reasons cases go to trial is a fundamental disagreement about who was at fault for the accident. Insurance companies may deny liability completely or argue that their insured was only partially responsible.
Clear Evidence Disputes
When the parties strongly disagree about what the evidence shows, a judge or jury may need to evaluate witness credibility, expert testimony, and physical evidence to determine the facts. This often occurs in cases where:
- There are no independent witnesses to the accident
- Witness accounts directly contradict each other
- Opinions from accident reconstructionists or medical providers differ substantially on technical aspects of the case
- Evidence has been lost or is subject to multiple interpretations
These situations create hurdles to settlement that often can only be resolved through trial.
Comparative Negligence Issues
Texas follows a modified comparative negligence rule, meaning your compensation may be reduced by your percentage of fault, and you cannot recover damages if you are found to be more than 50 percent responsible. When the parties strongly disagree about how to apportion fault, resolving that disagreement often requires a full breakdown of how comparative fault affects a Texas car accident case, and sometimes that disagreement is significant enough that only a jury can settle it.
Disputes Over Damages
Even when liability is clear, cases often proceed to trial due to disagreements about the appropriate compensation amount. This typically occurs in cases involving the following.
Serious or Catastrophic Injuries
Claims involving severe injuries such as traumatic brain injuries, spinal cord damage, or permanent disabilities often carry substantial damages. Insurance companies may resist paying the full value of these claims, knowing they carry significant financial exposure.
Subjective Injuries
Some injuries, like soft tissue damage, chronic pain, or mental and emotional anguish, can be more difficult to quantify objectively. Insurance companies may question the severity, or even the existence, of these injuries, making settlement difficult without documented medical evidence connecting the symptoms to the crash.
Future Damages
When a case involves substantial future medical expenses, lost earning capacity, or ongoing pain and suffering, the parties may have very different projections about these costs, creating a settlement gap that negotiation alone cannot always close.
Insurance Company Tactics
Sometimes cases go to trial not because of a genuine factual dispute but because of insurance company strategy.
Lowball Settlement Offers
Insurance companies may make unreasonably low settlement offers, hoping the injured party accepts less than the claim is worth. When the injured party has strong legal representation, this tactic often fails, pushing the case toward trial.
Delay Strategies
Some insurers deliberately delay claims, hoping plaintiffs become financially desperate and accept a lower offer. This approach tends to backfire when the plaintiff has an attorney willing to take the case to trial rather than accept an inadequate number.
Precedent Concerns
In certain cases, insurance companies fight to avoid setting a precedent that could affect future claims. This is particularly common in cases involving novel legal theories or unusual fact patterns.
What Happens if Your Case Goes to Trial
A case that proceeds to trial typically moves through several distinct phases, and understanding them can make the process feel less uncertain.
- Discovery: both sides exchange evidence, records, and written questions, and take depositions of witnesses and parties
- Mediation: most Texas courts require the parties to attempt mediation with a neutral third party before a trial date is set
- Pretrial motions: attorneys ask the court to resolve legal issues or exclude certain evidence before the jury hears the case
- Jury selection: attorneys for both sides question potential jurors to seat a panel
- Presentation of evidence and verdict: both sides present testimony and exhibits, and the jury deliberates and returns a decision
Texas’s most recent annual statistical report from the Office of Court Administration shows that the substantial majority of civil cases filed in Texas courts are resolved before a jury ever reaches a verdict. For the cases that do proceed, this process can take a year or longer from filing to verdict, depending on the county and the court’s docket. Because of that timeline, our firm continues to pursue settlement discussions throughout litigation, even after a trial date has been set, since a fair resolution can happen at any stage.
How to Improve Your Settlement Chances
While some factors pushing a case to trial may be beyond your control, there are steps you can take to support a fair settlement:
- Seek prompt medical attention and follow all treatment recommendations
- Document everything related to your accident and injuries
- Avoid discussing your case on social media
- Work with an experienced personal injury attorney from the beginning so early statements do not undercut your claim
These measures build the kind of record that supports a strong compensation valuation and can help avoid the need for trial altogether.
Consult a Texas Personal Injury Trial Lawyer
If your personal injury claim is heading toward trial, having trial-ready legal representation becomes even more important. At Dale R. Rose, PLLC, we bring nearly 33 years of experience and more than 165 first-chair jury trials to every case we handle. That trial background shapes how we prepare a claim from day one, whether it ultimately settles or heads to the courtroom.
Whether your case settles or proceeds to trial, we work to build the strongest possible record on your behalf. Contact us today through our contact form for a free consultation to discuss your case and legal options.
Frequently Asked Questions About Personal Injury Trials in Texas
What percentage of personal injury cases actually go to trial in Texas?
The Texas Office of Court Administration’s annual statistical reports consistently show that the substantial majority of civil cases filed in Texas district courts are resolved without ever reaching a jury verdict, through settlement, mediation, or other pretrial resolution. Only a small share proceed all the way to trial, and those tend to be cases with genuine disputes over fault or the value of the damages.
How long does it take for a personal injury case to go to trial?
Once a lawsuit is filed, reaching a trial date commonly takes a year or longer, depending on the county, the court’s docket, and how much discovery the case requires. Complex cases involving multiple parties or extensive medical evidence can take longer.
Will I have to testify if my case goes to trial?
In most cases, yes. As the injured party, your testimony about how the accident happened and how your injuries have affected your life is typically central to the case. Your attorney prepares you in advance so you know what to expect from both direct testimony and cross-examination.
Can a case still settle after a trial has already started?
Yes. Settlement negotiations can continue even after jury selection or the start of testimony, and cases sometimes resolve mid-trial once both sides have a clearer sense of how the evidence is being received. Nothing about starting a trial forecloses a negotiated resolution.
Does going to trial mean I will recover more money than a settlement?
Not necessarily. A trial verdict could be higher or lower than a settlement offer on the table, since a jury’s decision is not guaranteed in either direction. The decision to proceed to trial usually comes down to whether the settlement offer reasonably reflects the value of the claim, not an assumption that a jury will award more.
About the Attorney
Founder, Dale R. Rose, PLLC
Dale R. Rose is a civil trial attorney with over 165 first chair jury trials and nearly 33 years of experience practicing law across Texas. A graduate of Texas Tech School of Law, he has represented individuals, small companies, and corporations in personal injury matters throughout North Texas.