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How Often Do Personal Injury Cases Make It to Court Instead of a Pre-Trial Settlement?
It’s comparatively rare for a personal injury case to advance into the trial phase. Only about 4 to 5 percent of personal injury claims go to trial, while 95 percent settle during pre-trial negotiations. Who benefits most from this norm depends on the skill of negotiators, litigators and insurance company employees.
As a rule of thumb, settling for a fair amount before a trial is good for both parties, as trials are expensive for insurance companies and can eat into the settlement a plaintiff might be owed. However, there are a number of variables that can influence the comparative benefit for a pre-trial settlement versus a jury verdict.
Why Do Very Few Personal Injury Cases Go to Trial?
Settlements offer a more predictable resolution and can save you both time and money. Settling is also preferred by many plaintiffs because they get paid fast, which is particularly important if your injuries are keeping you out of work and you’re struggling to pay your bills.
Trials can potentially devolve into a protracted legal battle – and there’s no guarantee of success for either party.
Many plaintiffs pursuing a personal injury claim opt to settle to have more control and predictability over the resolution of their case, but that might not be the best choice for every case. For instance, while going to trial is more of a gamble, appealing to a jury may secure you higher compensation, especially if the insurance company is being intransigent. Ultimately, whether you settle or sue will depend on the specifics of your case and which option offers the best and most reliable award possible.
Pros and Cons of Personal Injury Settlements
Pros:
- Settlements can expedite your case’s resolution, which may be necessary if you need compensation quickly.
- The contingency fee your attorney takes once your case settles will likely be lower than the fee they will charge if your case goes to trial, meaning you keep a larger percentage.
- Settling can give you more control over the outcome, while trials leave the decision in the hands of judges and juries.
Cons:
- Settlements may result in a lesser recovery than a verdict in your favor in a trial, although no trial outcome is guaranteed.
- The defendant is in complete control of what remains private and what goes public after a settlement agreement, including the settlement amount.
- Winning a trial can help other personal injury victims when they pursue similar claims, while a settlement remains just between you and the other party.
Pros and Cons of a Personal Injury Trial
Pros:
- Possibility of greater compensation than what may be negotiated in a pre-trial settlement.
- Preparing a lawsuit as if you are ready and willing to go to trial might compel the defendant to settle for more than they otherwise would.
Cons:
- Taking your personal injury claim to trial can extend the timeline of your case from months to years, making it a time-consuming ordeal that can delay your compensation.
- Going to trial is unpredictable and may result in a larger contingency fee percentage.
How Your Attorney Can Help You Decide If You Should Settle or Go to Court
Your attorney will help you compare the benefits and risks of going to trial and explain the relevant variables unique to your case. Before considering going to court, they will negotiate with the defendant’s insurance company and lawyers to determine if a reasonable agreement can be reached.
If the insurance company isn’t willing to compromise, your attorney will review the evidence, witness statements, medical records and other relevant documentation to evaluate the degree of liability involved.
One of the benefits of working with real trial attorneys – not just professional personal injury negotiators – is your lawyers will approach your case as if trial is a distinct possibility. The insurance company may be more willing to reach a favorable settlement agreement if they see your legal team isn’t afraid to invest their time and resources into a full courtroom fight.
Your attorney should also consider the strength of the evidence and the potential outcomes of a trial. They'll take into account factors like potential jury biases and the judge's tendencies in similar cases to gauge the likelihood of success.
Most importantly, they should take your needs into consideration. If you're facing urgent financial hardship, they’ll work hard to find a solution that allows you to pursue the course of action that’s in your best interest.
We Help Atlanta Personal Injury Plaintiffs Pursue the Compensation They Deserve
Your dedicated personal injury lawyer at the Law Office of Rickard, Drew & Nix will commit their time and resources to developing and executing the legal strategy with the highest likelihood of a positive result for your claim, whether that’s negotiating a settlement or preparing for trial.
We’ll ensure you stay informed through every step of the process so that you never feel left behind in your own case. To receive a free case consultation with one of our experienced personal injury attorneys, call (404) 588-1001 or message us today.
