What Percentage of Injury Claims to Go to Court?
By Space Coast Daily // August 24, 2019
When most people think of a personal injury lawsuit, they imagine a lengthy trial. But most personal injury claims do not end up in court. In fact, the majority of them are resolved out of the courtroom.
Learn more about the statistics behind this and how else you can bring your case to a satisfying end.
How Many Claims Actually Go to Court?
According to many resources, between 95 and 96 percent of personal injury cases come to a resolution before pretrial begins. The rest of the cases go to trial and are handled by a judge or a judge and jury.
There are a few reasons for this. First, there’s the issue of time constraints. The negotiations process can be very lengthy. Often, both parties become impatient. They become eager to settle the case and move on with their lives.
Although many individuals going into the negotiations with the belief that the process will be rapid and painless, this is far from the truth.
Negotiating a settlement is a detailed process. In most cases, the negotiations are similar to a trial. Your attorney might need to produce evidence that convinces the other party of their negligence.
Additionally, they must show evidence of your injuries and your accident-related expenses. All of this takes time.
Coming up with a fair settlement also takes time. Typically, it is a back and forth process. Your attorney is likely to start with an unrealistically high number. Then, the other lawyer could counter with an unrealistically low number.
This could go on for an extended period of time. It’s likely that the defendant will give in at some point and make a fair offer.
Keeping Matters Private
There’s another reason most cases are resolved with a settlement. The defendant is often eager to keep their private matters out of the public eye. If a personal injury trial takes place, the matter is no longer private. This can be particularly devastating to a business owner who is accused of negligence.
By resolving the case with a settlement, the defendant can prevent their story from getting out. They may be willing to pay to keep the matter private.
The Benefits of a Settlement
As a plaintiff, you can benefit from a settlement in many ways. For one, it gives you control over the situation. If you go to court, a judge or jury decides how much money you will receive, if any. You have no say in your final payout.
But a settlement is different. You can choose to accept or deny an offer. If the defendant refuses to give you enough money, you can continue negotiating.
Another benefit of a settlement is the time. A personal injury case that goes to trial can take months or years to resolve. Unfortunately, that could leave you with unpaid bills.
The debt can pile up as you wait for your case to come to a conclusion. Fortunately, a settlement is quicker. Although the negotiation process takes time, it doesn’t take as long as a trial. You can get money to pay for your expenses in a short time.
Finally, a settlement lets you move on with your life. While you are taking legal action against the other party, you might find it difficult to move forward. The stress of the court case could prevent you from looking forward.
By working with Grossman Law Offices, you can learn more about your chance of receiving a settlement. Speak to an attorney today and you can start the claims process.
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