Most Memphis car accident cases don’t go to trial. In Tennessee, the civil court system is structured to encourage early resolution through negotiation, mediation, and settlement long before a case reaches a jury.
But whether your case settles or goes to trial, what matters most is whether you are walking away with full compensation or leaving money on the table.
’Maggio Law has handled injury cases all across the South, and we’ve seen first-hand that insurance companies aren’t preparing for trial—they’re trying to settle quickly, often for less than a case is worth. More importantly, we approach every case as if it were going to trial, which often drives stronger settlements from the outset.
In this blog, we’ll break down:
- Terms to know, including which Tennessee laws affect your outcome
- Why most Memphis car accident cases settle
- When a case is more likely to go to trial
- And what all of this means for your case
Terms to Know
Settlement
A settlement is an agreement between you and the insurance company (or defendant) to resolve your claim without going to trial.
- You receive compensation
- The case ends without court involvement
- Both sides avoid the time and cost of litigation
Comparative Fault
Tennessee follows a modified comparative fault rule, meaning your compensation can be reduced based on your share of fault. For example:
- If you are less than 50% at fault, you can recover damages
- Your compensation is reduced by your percentage of fault
- If you are 50% or more at fault, you recover nothing
Bad Faith
Bad faith occurs when an insurance company fails to act fairly toward a claimant.
Examples include:
- Unreasonably delaying payment
- Denying valid claims without explanation
- Offering far less than a claim is worth
Tennessee recognizes bad faith claims under certain conditions.
Why Cases Settle vs. Go to Trial
The difference usually comes down to risk, evidence, and how far the insurance company is willing to go.
Most cases settle because:
- Faster resolution: Settlements can often be reached in months, while trials can take a year or more due to court schedules, discovery, and pretrial motions.
- Lower legal costs: Trials require expert witnesses, depositions, court filings, and extensive preparation—all of which increase the cost of pursuing the case.
- Predictable outcomes: A settlement gives both sides control over the result. Trials introduce uncertainty—juries can be unpredictable, even in strong cases.
- Less emotional stress: Going to trial can be exhausting. It may involve testimony, cross-examination, and a review of the accident details. Many clients prefer to avoid it if a fair settlement is possible.
Alternatively, cases are more likely to go to trial when:
- Liability (fault) is disputed: If the insurance company denies responsibility or argues you were partially at fault, the case may need to be decided by a jury.
- Injuries are severe or long-term: High-value cases—especially those involving permanent injuries, disability, or future medical care—are more likely to face resistance and require trial to reach full compensation.
- The insurance company offers too little: When settlement offers don’t reflect the true value of the case, going to trial may be the only way to pursue what’s fair.
- There’s evidence of bad faith: If an insurer delays, denies, or undervalues a valid claim without justification, it can escalate the dispute and increase the likelihood of litigation.
Quick Comparison
| Factor | Settlement Likely | Trial More Likely |
| Clear fault | ✔️ | |
| Minor Injuries | ✔️ | |
| Low dispute value | ✔️ | |
| Disputed liability | ✔️ | |
| Severe Injuries | ✔️ | |
| Lowball Insurance offer | ✔️ | |
| Bad faith conduct | ✔️ |
Trial vs. Settlement Rates: What the Data Shows
When you look at how civil cases are actually resolved, the numbers tell a consistent story: jury trials make up a shrinking share of case outcomes.
Decline in Civil Jury Trials (Federal Courts)
Data from the Administrative Office of the U.S. Courts shows a steady drop in the number of civil jury trials over time:
| Year | Civil Jury Trials Completed | Median Time to Trial |
| 2004 | 2,411 | 23.2 months |
| 2014 | 1,922 | 27.5 months |
| 2024 | 1,162 | 36.2 months |
What this means:
- Civil jury trials have dropped by more than 50% over 20 years
- Cases that do go to trial now take significantly longer to get there
State Court Trends (National Center for State Courts)
State court data reflects the same pattern:
| Year | Incoming Cases (40 States) | Jury Trials Conducted |
| 2012 | Higher baseline | Baseline (higher) |
| 2023 | ~2 million fewer cases | 700+ fewer trials |
Even as overall case volume shifts, jury trials are declining faster, reinforcing the trend of fewer disputes being decided in court.
Estimated Case Outcomes
While exact percentages vary by jurisdiction, combining federal and state trends gives a reliable picture of how cases resolve today:
| Outcome | Estimated Share |
| Settlement / Pretrial Resolution | ~90-95 cases |
| Trial (Jury or Bench) | ~5-10 cases |
[ Settlement / Pretrial Resolution ] ██████████████████████████████████████████ ~90–95%
[ Trial ] ████ ~5–10%
Why This Matters for Your Case
Most Memphis car accident cases do not go to trial, but the possibility of trial is what drives fair settlements.
Insurance companies track which law firms are willing to go the distance. When they know a case is fully prepared for court, they’re more likely to offer compensation that reflects the true value of the claim.
Experience That Shapes the Outcome
What actually determines the case’s result is the experience behind the case and how it’s handled from the beginning.
At ’Maggio Law, that experience is built on years of representing injured clients across Mississippi, Tennessee, and the South. Mike Saltaformaggio graduated in the top 5% of his class from Mississippi College School of Law, developed his advocacy skills through Law Review and national moot court competitions, and has spent his career taking on serious injury cases against insurance companies and corporate defendants. Over time, the firm has represented thousands of clients and handled cases from initial claim through trial when necessary.
Insurance companies respond differently when a claim is fully developed, supported by evidence, and positioned to move forward if needed. The result is not just resolution, but a resolution that reflects the real impact of the injury.
Contact us today to schedule your case evaluation and learn more about what we can do for you.
