Why do so many personal injury cases settle at mediation rather than go to trial?

location_onFlorida topicPersonal Injury and Settlement calendar_todayAugust 22, 2026 verified Mediator-validated
Direct Answer

Most personal injury cases settle rather than go to trial because trial is expensive, slow, and uncertain for both sides. A plaintiff who wins at trial may wait years and face appeals before seeing any money, and a defendant faces the risk of a large verdict.

Most personal injury cases settle rather than go to trial because trial is expensive, slow, and uncertain for both sides. A plaintiff who wins at trial may wait years and face appeals before seeing any money, and a defendant faces the risk of a large verdict. Mediation gives both sides a structured opportunity to weigh those risks honestly, with a neutral who can help each side see the weaknesses in its own position as well as the other’s. It also gives the injured person control over the outcome rather than leaving it to a jury. When both sides realistically account for the costs, delays, and risks of trial, a negotiated resolution frequently makes more sense — which is why the great majority of cases resolve at or after mediation.
Herbert Berkowitz

Expert reviewer

Herbert Berkowitz

Herbert M. Berkowitz is a Florida mediator, arbitrator, former Hillsborough County Court Judge, and veteran civil trial attorney with more than 50 years of …

Reviewed August 22, 2026

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