What percent of lawsuits go to trial versus settlement?
About 95 percent of lawsuits settle before trial. This is because each side has learned information about the other during discovery and each side has an opportunity to assess the likelihood of success in the case. Furthermore, the results from a jury are very uncertain. Settlement allows the parties to eliminate risk, and as the trial gets closer, the idea of settlement tends to become more appealing than having to face even a possibility of losing in front of a jury.
