This is a great question to ask because many people will experience anxiety following an injury from a product since they won’t know what comes next.
We have clients come to us and say, “Well, if I file a lawsuit, does that mean I have to go to trial?” Not necessarily, because in some cases a product liability settlement will be the preferred option.
| 💡 KEY TAKEAWAY Filing a lawsuit does NOT automatically mean going to trial. Most product liability cases settle at some point during the litigation process, often resulting in fair compensation without the stress and uncertainty of a courtroom trial. |
We Prepare Every Case Like It’s Going to Trial
We always tell potential clients that we prepare any case like it’s going to go to trial. This is because that’s the only way that a defendant takes you seriously or believes that you’ll see a case through.
So, we feel the only way that we can get the compensation we believe our clients deserve is to prepare every case as if it’s going to trial.
✅ Why this matters: If the opposition doesn’t think you’re ever going to try a case, they will never put their best offer on the table. It’s that simple.
Most Cases Settle Without Going to Trial
With that being said, we tell individuals all the time that roughly 95% of cases get resolved at some point in the litigation process without going to trial, resulting in a product liability settlement.
| IMPACT STATEMENT 95–96% of civil cases settle before trial Only 4–5% of civil lawsuits reach the trial phase |
In fact, according to data from the U.S. Department of Justice, approximately 95–96% of civil cases settle before trial, which means that only about 4–5% of civil lawsuits ultimately reach the trial phase.
The Bureau of Justice Statistics found that among jurisdictions that provided totals for both trial and non-trial general civil dispositions, trials collectively accounted for about 3% of all tort, contract, and real property dispositions in general jurisdiction courts.
That means a case could get settled six weeks in. It also means a case could get settled on the Friday before the Monday trial.
The bottom line: This is because as pressure mounts on both parties, especially with a trial date looming, everyone looks at each other and says, “Is there really no way to come to an agreement?” rather than letting six strangers who don’t know anything about a given product, and who don’t understand or aren’t experts in the law, to essentially judge a case.
Product Liability Settlements Can Happen at Various Stages
There’s a lot that can happen formally at mediation, or in settlement conferences in federal court, or after or before these periods.
Alternative dispute resolution (ADR) processes like mediation offer several main advantages including:
- Rapidity – Cases resolve faster than trial
- Confidentiality – Details remain private
- Flexibility – Creative solutions beyond what courts can order
Key insight: Public courts will rarely overturn ADR decisions and awards if the disputing parties formed a valid contract to abide by them.
There are many times after mediation clients will look at one of our attorneys very dejected and say, “So, I guess we’re going to trial.” In these cases, we tell them we will be preparing like we’re going to trial, but that doesn’t necessarily mean we ultimately will.
A week from the trial date, we could get a call from a defense attorney who’s representing the manufacturer of the product who says, “Hey, do you think maybe we can bridge this gap?” That happens all the time.
So, we tell people even though you file suit, even if it doesn’t get done at a mediation, that does not necessarily foreclose all possibility of it being resolved without going to trial.
⚠️ IMPORTANT TO REMEMBER
- Mediation isn’t the final opportunity for settlement
- Negotiations can continue right up until trial
- Many cases settle days or even hours before trial begins
- A failed mediation does NOT mean you’re definitely going to trial
Consult with Our Team Today
If you’ve been injured by a faulty product, our attorneys are here to help. We can assess your claim and determine if you have a viable case, then work with you to prepare for trial or secure a product liability settlement.
Don’t let a company off the hook for negligence and faulty design. Contact the Stephenson Rife team today to schedule a free, no-obligation consultation about your case.