Clients often ask "Isn't it true that 95% of cases settle without trial?" My response is to point out that I can settle their case immediately with a phone call giving up their claim. The true variable is not whether your case settled but how quickly and whether the client has received the maximum compensation for their losses.
I just finished my 5th jury trial in 2010, a large number in a year. In each instance, the decision was made by the client after discussing the uncertainties in their case and the amounts being offered. In some instances, the jury verdict was less than was offered. In others, it was larger.
This uncertainty highlights the need to play the card hand that is the case smartly. I tell clients that, so long as they have thought the issues and made the decision to go to trial, they should never look back.