The reality regarding personal injury cases is much different than one shown on the TV. Not all personal injury cases go to court and there's a rarely a "you can't handle the truth" moment. A lot of cases are settled out-of-court through negotiations between the concerned parties.
But exactly how many injury cases settle out of court? What are your chances of getting a compensation amount without going to trial? You will know the answers after reading this article.
A majority of personal injury lawsuits are settled outside of the court. As per statistics compiled by the Statistic Brain Research Institute, nearly 98 percent of cases are settled out-of-court. Roughly, only 2 in 100 actually go to trial.
The vast majority of personal injury claim cases are resolved before any verdict is given in court. Most of the lawsuits are amicably settled between parties related to the case.
An out-of-court settlement amount benefits both parties in a lawsuit. This is because settling an injury case pre-trial is significantly less costly. There are no court fees, and the cost of paralegals, professionals and expert witnesses is dramatically reduced. Personal injury lawsuits can drag on for years before a final verdict is reached, and once a verdit is reached, there's no guarantee that the award can or will be paid without an appeal.
Settlements are not always possible. Many factors can result in a settlement attempt to fail. The defendant may consider the compensation amount demanded by a plaintiff to be unreasonable. In other cases, the defendant may simply reject any offer from the plaintiff.
A defendant may not accept blame for an incident. As a result, the defendant may reject a request by the plaintiff to compensate for injuries. This would leave no choice for the plaintiff than to file a personal injury lawsuit.
When both parties don't agree on injury cases, the plaintiff begins a court filing. In some cases, the defendant changes stance once a case is filed in the court. The threat of a court case action usually forces the defendant to accept an offer from the plaintiff. This is because the amount claimed in a court case is generally a lot higher amounting to millions of dollars.
To conclude, most of the cases regarding personal injuries are settled between parties. However, there are situations when there is no other option but to take the case to trial. This generally happens when the defendant does not accept blame or the offer of the plaintiff.
Whatever the situation, it's important to hire an experienced personal injury attorney. An attorney whose practice focuses on personal injury will generally be able to inform you about the benefits and risks of both options. Getting expert counsel regarding the case will help ensure that your best interests regarding an injury case remain protected.
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