The main difference between a lawsuit and a trial is timing and purpose. A lawsuit begins when a legal complaint is filed to start a case. A trial occurs later, only if the case doesn’t settle, and involves presenting evidence in court for a final decision. Most cases settle before reaching trial due to cost, risk, and uncertainty.
If you’ve already filed suit, you may wonder: Does that mean a trial? Do I have to go to court? Not necessarily. A lawsuit and a trial are different stages of the legal process.
Knowing this difference helps you stay informed and prepared. At Loyd J Bourgeois (LJBLegal), our Louisiana personal injury attorneys are ready to fight when needed and help settle when possible.
What Does It Mean to File Suit in Louisiana?
Filing suit is the act of “suing” someone.
Filing a lawsuit is how you officially start a legal case after settlement negotiations through the insurance claim process have failed to produce a fair result. It happens when you or your lawyer files a formal complaint in court. This complaint explains what happened and what you’re asking for.
- It’s the first formal step in a legal dispute.
- The complaint outlines your claims against the other party.
- It starts the process known as litigation, which includes discovery, motions, and negotiations that may lead to trial or settlement.
NOTE: In Louisiana, you generally have 2 years to file suit after an injury. This is known as the statute of limitations or prescriptive period. If you do not file suit in 2 years, your claim goes away and you can never recover your losses.
How Does Filing a Lawsuit Compare to Going to Trial?
The main difference between filing a lawsuit and going to trial is that filing a lawsuit starts the legal process, while a trial is the final stage if the case does not settle. Filing suit does not mean your case will have to go to court for trial.
Filing a lawsuit means you have formally started legal action. It begins when a plaintiff submits a complaint to the court. This step sets everything in motion and leads into discovery, where both sides exchange information, gather evidence, interview witnesses, and take depositions. Most cases settle during or after discovery without needing to go to trial.
Going to trial is the final step if a case doesn’t settle. At trial, both sides present their case in front of a judge or jury. The result can be unpredictable, and the costs are often much higher due to the time and resources involved. Trials can take months or even years to prepare for, and even longer if there are appeals after a verdict.
Throughout a lawsuit, you can choose to settle at nearly any point, even during trial. Settling gives you more control and lets you accept an agreed-upon amount. If a jury reaches a verdict, you could get much more than the last settlement offer, but you also risk getting less. Once the verdict is in, there’s no going back.
| Feature | Filing a Lawsuit | Going to Court (Trial) |
|---|---|---|
| Timing | The first formal step | A later stage, after pre-trial steps |
| Action | Submitting a legal complaint to start the case | Presenting the case to a judge or jury |
| Scope | Covers the full legal process | Focuses only on the courtroom hearing |
| Outcome | Starts the journey toward a resolution | Ends with a court decision, if no settlement |
| Costs | Lower early costs like filing and service fees | Higher costs due to things like expert reports and witnesses |
| Control | You control the first steps and negotiation efforts | The judge or jury controls the final decision |
| Time | Can take months or years, even without a trial | Adds more time, especially with appeals |
| Risk | More opportunities to settle along the way | Outcome is uncertain and can be better or worse than settlement offers |
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FREE Confidential Case Review (985) 240-9773What Happens When a Personal Injury Case Goes to Court?
Going to court, also called a trial, happens later, if the case doesn’t settle. It’s when both sides present evidence and arguments in front of a judge and/or jury. Then, the court decides the outcome.
- It’s just one part of the larger lawsuit process.
- It only happens if the case doesn’t settle earlier.
- The court makes the final call on who wins and how much is awarded.
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FREE Confidential Case Review (985) 240-9773Do Most Personal Injury Cases Go To Court?
Very few personal injury claims go to trial.
Many people assume a personal injury case starts with a lawsuit and ends in a courtroom. In reality, cases go through several steps before a trial ever becomes necessary, and the large majority of cases end during one of those earlier steps.
Most Louisiana personal injury cases begin with an insurance claim, not a lawsuit. After an accident, the injured person files a claim with the insurance company. The insurer investigates what happened, reviews the available evidence, and decides whether it accepts responsibility. If it does, the company may offer compensation to resolve the claim.
Claims and lawsuits serve different purposes. A claim seeks a settlement from an insurance company. A lawsuit asks the court to resolve a dispute.
If the insurance company accepts responsibility and makes a fair settlement offer, the case may resolve without ever entering the court system. In fact, many personal injury cases settle during the insurance claim process or after negotiations begin.
Sometimes, filing a lawsuit becomes necessary. This may happen when the insurance company denies liability, disputes the value of the claim, or refuses to make a reasonable settlement offer. Learn more about the difference between filing a claim and filing a lawsuit.
A lawsuit begins when you or your attorney files a petition with the court. The petition explains what happened, identifies the parties involved, and describes the compensation being requested. Once the lawsuit or petition is filed, the case enters the litigation process.
One of the most important stages of litigation is discovery. During discovery, both sides exchange information, gather evidence, review records, interview witnesses, and take depositions. This process helps each side better understand the strengths and weaknesses of the case.
Many lawsuits settle during discovery or shortly before trial.
A trial becomes necessary only when the parties cannot reach an agreement. At trial, a judge or jury reviews the evidence and decides the outcome. While every trial begins with a lawsuit, only a small percentage of personal injury lawsuits ever make it to trial.
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FREE Confidential Case Review (985) 240-9773What If My Personal Injury Case Settles Before Trial?
Most lawsuits settle before trial. But there’s a big difference between settling fairly and accepting a quick, low offer.
At Loyd J Bourgeois Injury & Accident Lawyer (LJBLegal), we:
- Review all medical bills and future treatment needs.
- Negotiate strongly, not hastily.
- Prepare for trial early to give you leverage.
- Help you decide if you should settle or go to court.
Even if your court date is set, your case can still settle. Many personal injury claims resolve in the final days or hours before trial, even after jury selection has started. In some cases, settlements happen during the trial itself. Being fully prepared is what gives you options and bargaining power at every stage. At LJBLegal, we never stop working toward your best outcome, whether that comes through negotiation or a courtroom verdict.
What If I Go to Trial and Lose My Personal Injury Case?
Trials come with risk. The judge or jury could rule against you. Court costs may apply. But having the ability to go to trial is part of what gives you power in negotiations. If you win, you can recover full damages. If you lose, you may have appeal options. We always explain the risks clearly, so you can decide confidently.
Do Legal Fees Go Up If a Personal Injury Case Goes to Court?
At many law firms, attorney fees increase once a case goes into litigation or trial. This can surprise clients.
- Tiered fees are common: Some firms raise their fee percentage if they go to court.
- LJBLegal does not: Our fee stays the same even if we file suit or go to trial.
- However, case costs may increase (for example, court fees, expert witnesses, depositions).
We believe you shouldn’t be penalized for standing firm. Our goal is your best outcome.
Why Does It Matter If Your Lawyer Is Ready for Trial?
Insurers track which firms settle fast and which are ready for court. Being prepared changes how your case is valued. At LJBLegal, we prepare for trial from day one, even when we hope to settle.
What Should I Do If I’m Considering a Personal Injury Lawsuit?
- Ask your attorney: “Will you file suit if needed?”
- Preserve all evidence early: photos, medical records, receipts, and witness info.
- Understand both paths—settlement and trial—and what each means for your recovery.
Whether your case ends with a fair offer or a courtroom verdict, LJBLegal will be by your side. Call 985-240-9773 today to speak with a team that’s ready to help.
