After decades of handling personal injury cases here in Chicago, one of the most common questions I hear from clients is this:
“Will my case go to trial, or will it settle before that?”
It’s a fair question. Most people have never been involved in a lawsuit before, and the idea of going to court can sound intimidating. The truth is, most car accident cases in Illinois settle before trial, but not all of them should.
Let’s walk through what really happens behind the scenes — from the first settlement offer to the moment a case is ready for trial — and how to know which path may be best for you.
How Most Car Accident Cases Begin
Every case starts the same way: with an investigation.
Once you hire a lawyer, we gather the evidence — police reports, witness statements, medical records, and photos from the scene. We also look at insurance coverage, liability, and your medical progress.
When you’ve reached a stable point in recovery, your lawyer sends a demand letter to the insurance company. That letter outlines what happened, your injuries, your medical costs, lost wages, and the amount we believe fairly compensates you.
At that point, the insurance company has two choices: negotiate a settlement or prepare to fight.
The Settlement Path
In my experience, about 90 percent of car accident cases settle before trial. That’s often a good thing. Settlement can bring closure faster, save money on court costs, and allow you to move forward without months or years of litigation.
But here’s the key — settling too early can hurt your recovery.
Insurance companies know that many people are under financial pressure after a crash. They make early offers hoping you’ll accept before you know the true value of your claim. I’ve seen countless clients who came to me after being offered far less than what their case was worth.
When we handle negotiations, we make sure the settlement covers all your current and future needs — not just the bills you’ve already seen. That includes:
- Medical expenses and ongoing treatment
- Lost income and future earning capacity
- Pain, suffering, and emotional distress
- Permanent disability or scarring
Once we reach a fair number, we present the offer to you. The final decision to settle is always yours.
If the insurer refuses to make a fair offer, we move to the next step: litigation.
When a Car Accident Case Goes to Trial
Taking a case to trial doesn’t happen overnight. It’s a detailed process that usually unfolds in stages:
Filing a Lawsuit
Your attorney files a formal complaint in the appropriate Illinois court, usually in Cook County or the county where the accident occurred. The defendant (the other driver or their insurer) is then served with notice.
Discovery
Both sides exchange information. This includes written questions, requests for documents, and depositions — formal interviews under oath. Discovery is where we often uncover the most valuable evidence, such as internal insurance communications or company safety violations.
Motions and Pretrial Hearings
Lawyers may file motions asking the judge to rule on specific issues before trial. Sometimes these motions resolve the case entirely; other times, they narrow the issues for trial.
Settlement Negotiations Continue
Even while preparing for court, both sides often keep negotiating. Many cases settle on the courthouse steps, right before trial begins.
Trial
If settlement doesn’t happen, the case goes before a judge or jury. Each side presents evidence, calls witnesses, and makes closing arguments. After deliberation, the jury delivers a verdict deciding fault and damages.
Pros and Cons of Settlement vs Trial
Here’s how I explain the difference to clients:
Settlement Advantages:
- Faster resolution (often within months)
- Lower legal costs and less stress
- Guaranteed payment once agreed upon
- Privacy, since there is no public trial record
Trial Advantages:
- Potential for higher compensation if the jury agrees with your case
- Public accountability for negligent parties
- Ability to appeal if something goes wrong
Settlement Risks:
- Accepting less than what you deserve
- Waiving your right to future compensation
Trial Risks:
- Longer process, often a year or more
- Unpredictable jury decisions
- Emotional strain of litigation
My job is to weigh all of these factors with you, not for you. Sometimes a settlement makes sense. Other times, taking a case to trial is the only way to achieve justice.
Real-World Example
A few years ago, I represented a man who was seriously injured in a highway crash involving a delivery truck. The insurance company offered $250,000 to settle. After reviewing his long-term medical prognosis and lost earning potential, we advised him to reject it.
We took the case to trial and won a verdict exceeding $1.2 million. The difference was life-changing — not because we wanted to go to court, but because we were prepared to.
That’s the real power of trial readiness. Insurance companies negotiate differently when they know your lawyer isn’t afraid to step into a courtroom.
Why Having an Experienced Trial Lawyer Matters
Even if your case never reaches a courtroom, choosing a lawyer who regularly tries cases will affect your settlement. Insurance companies keep track of which firms actually go to trial and which ones settle quickly.
At Phillips Law Offices, we’re known for being trial-ready. That reputation alone often pushes insurers to make better offers early on. They know we’ll never settle just to close a file; we settle only when it’s in your best interest.
If your case involves a rideshare or commercial vehicle, it can add more complexity. You can learn more about those situations on our Uber and Lyft accident lawyer.
Getting the Right Legal Help in Illinois
Whether your case settles or goes to trial, you deserve a lawyer who can handle both paths with equal skill. A true trial attorney prepares every case from day one as if it might go before a jury — and that preparation often leads to stronger settlements.
At Phillips Law Offices, we’ve represented clients in every stage of litigation, from early negotiations to courtroom verdicts. We understand how Illinois courts and insurance companies operate, and we use that experience to get our clients the best possible results.
If you’ve been injured in a car accident in Chicago or anywhere in Illinois, talk to a lawyer who will tell you the truth about your case, not just what’s easy to hear.
Call (312) 346-4262
161 N Clark St, Suite 4925, Chicago, IL
Free Consultation | No Fee Unless You Win
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