While most medical malpractice cases are settled out of court, there are benefits to going to trial in certain circumstances. For example, if you believe that you have an extreme chance and are seeking more financial compensation than the defendant will pay, you may pursue a fair payout by taking your case to trial. Keep in mind, however, that there is a high risk and reward associated with this action plan. You could either walk away with a substantial settlement or leave the courtroom empty-handed.