If you were injured and have filed a personal injury case, you may wonder whether your case will go to trial or settle before that point. Only four to five percent of all personal injury cases actually end up going to trial. Here are three of the reasons why most personal injury cases do not wind up going to trial.
Going to Trial Takes Time
Many cases wind up settling before they go to trial because going to trial takes a lot of time. Many courts in the United States allow both parties to complete the discovery process before a case proceeds to trial. From there, you have to wait until a court room and judge are available to hear your case, and in some parts of the country, the courts are backed up for months. Due to the amount of time it takes to get a case heard, both defendants and plaintiffs are inclined to settle in order to move on with their lives.
Going to Trial Is Costly
Another reason why many cases end up settling before they go to trial is because going to trial is expensive. Even if the party that you are suing feels that they have done nothing wrong, they may be inclined to settle with you because defending personal injury cases that are going to trial can be costly. They would have to hire an attorney and possibly experts to state why they may not at fault. As such, many plaintiffs will try to settle before trial to minimize their out-of-pocket expenses associated with the case.
There Is a Huge Risk When Going to Trial
The last reason why most personal injury cases settle before they go to trial is because there is a huge risk when a case goes to trial. When settling a case, both parties have control over the amount of money that is at stake. But when a case goes to trial, neither party has control. A judge or jury could award you zero dollars or millions of dollars. You never truly know. Because of this, it is in your best interest to settle to ensure you don't wind up with nothing, while it's in the other parties best interest to settle to ensure they aren't hit with a huge settlement amount, depending on which way the trial goes.
If you have been injured in a personal injury claim, you should consult with a personal injury attorney at a law firm like Monohan & Blankenship. They can help you determine a fair value for your claim based on your injuries and the circumstances surrounding the accident. From there, they can negotiate with the insurance company to help you get a fair settlement as quickly as possible and without going to trial.Share