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What Happens If You Don’t Settle Before Trial in a Civil Case?

In civil litigation, settlement is often the preferred route. The thing is, not every dispute resolves outside the courtroom. If parties fail to reach an agreement, the case proceeds to trial, where a judge or jury determines the outcome. Understanding what happens when settlement is not reached can help you prepare for the legal, financial, and emotional demands of trial.

At JNH Legal Services, PLLC, our legal paraprofessional is a highly experienced negotiator who can help settle your case. When settlement isn’t possible, he is ready to help you with the next steps.

Why Civil Cases Go to Trial

Although more than 90% of civil cases settle before trial, some disputes require judicial intervention. Common reasons include:

  • Disputed Liability: One party denies responsibility, and evidence is inconclusive.
  • Unreasonable Settlement Offers: The defendant may offer far less than the claim is worth.
  • Complex Legal Issues: Cases involving multiple parties, technical evidence, or novel legal questions may require a judge’s ruling.
  • Desire for Public Vindication: Plaintiffs may seek a formal verdict to establish wrongdoing.

When settlement fails, trial becomes the mechanism for resolving the dispute and awarding damages.

Pre-Trial Preparation

Before trial begins, both sides engage in extensive preparation:

  • Discovery: Parties exchange evidence, including documents, depositions, and expert reports.
  • Motions: Attorneys may file pre-trial motions to exclude evidence or dismiss claims.
  • Witness Preparation: Lawyers prepare clients and witnesses for testimony.
  • Trial Strategy: Legal teams develop arguments, exhibits, and cross-examination plans.

This phase can last months or even years, depending on the complexity of the case. It is also costly as litigation expenses rise sharply when trial approaches.

What Happens During Trial

If no settlement is reached, the case proceeds to trial. The process typically includes:

  1. Jury Selection: Jurors are chosen to hear the case and render a verdict.
  2. Opening Statements: Each side outlines their position and previews the evidence.
  3. Presentation of Evidence: Witnesses testify, documents are introduced, and experts explain technical issues.
  4. Cross-Examination: Attorneys challenge the credibility and accuracy of opposing witnesses.
  5. Closing Arguments: Each side summarizes their case and urges the jury or judge to rule in their favor.
  6. Deliberation and Verdict: The jury decides liability and, if applicable, the amount of damages.

Trials can last days or weeks, depending on the scope of the dispute.

Potential Outcomes of a Trial

If the plaintiff prevails, the court may award:

  • Compensatory Damages: Reimbursement for medical bills, lost wages, and property damage.
  • Non-Economic Damages: Compensation for pain, suffering, or emotional distress.
  • Punitive Damages: In rare cases, additional sums to punish willful or particularly egregious conduct.

If the defendant wins, the plaintiff receives nothing and may be responsible for court costs or attorney’s fees, depending on the jurisdiction and case type.

Risks and Trade-Offs

Going to trial carries significant risks:

  • Unpredictable Outcomes: Juries can be unpredictable, and even strong cases may lose.
  • Public Exposure: Trials are public, and sensitive information may become part of the record.
  • Time and Expense: Trials require substantial time, money, and emotional energy.
  • Appeals: A verdict may not be the end—either party can appeal, prolonging the process.

These risks often motivate parties to settle, even late in the litigation timeline. In fact, some cases settle on the eve of trial or even after opening statements.

When to Consult an Arizona Legal Paraprofessional

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A legal paraprofessional (LP) can help you analyze your case and determine the best path forward. Jason Halper, the founder of JNH Legal Services, PLLC, is a dedicated LP with years of experience helping clients find cost-effective and efficient solutions. He is an accomplished paraprofessional and author, writing “Licensed to Lead: A Comprehensive Guide to Emerging as a Legal Paraprofessional.”

A paraprofessional understands when a case can be settled and when it must go to court. Use the skills of a strong negotiator to get the compensation you deserve with as little conflict as possible.  

Learn More About the Arizona Trial and Settlement Process

Failing to settle before trial doesn’t mean failure. It means your case will be decided by the court. With proper preparation and skilled representation, trial can be a powerful tool for justice. But it is not without risk. Understanding the process, costs, and consequences helps you make informed decisions about whether to settle or litigate.

Consult an experienced legal paraprofessional at JNH Legal Services, PLLC to learn more about how we can help. Contact us today to schedule a consultation. 

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