What is the likelihood of my case settling without having to go to trial?

National data suggest that only about 15% of all medical malpractice cases go to trial, meaning that as many as 85% of such cases are settled. Other types of personal injury claims have an even higher rate of settlement. While these figures undoubtedly suggest that a filed case is much more likely to settle than go to trial, each case must be viewed individually. Case settlement is a product of many factors such as the strength of the case's underlying facts, the stength of each side's experts, and the reasonableness of any settlement offer. These factors will dictate whether an individual case actually settles before trial or not.