How many personal injury cases actually go to trial?
If you’ve been hurt physically in a personal injury accident, you might be wondering: “What proportion of cases go to trial? ” or “How likely is it that I’ll prevail in a personal injury lawsuit? ”
After all, you could not be certain of the time frame for the resolution of your case. Additionally, it might not be obvious whether the matter will go to trial or whether an early settlement solution is available.
In general, it’s preferable for your case to settle amicably and avoid trial. This could be perplexing. Let’s examine a personal injury lawsuit’s mechanics in further detail and discover why, in most situations, a settlement is preferable.
Personal Injury Lawsuit Dynamics
In the US, the vast majority of personal injury lawsuits, including those involving medical negligence, traffic accidents, and slip and fall incidents, are resolved without going to trial. Yes, the majority of cases are settled before they even reach the trial stage. According to industry analysts, up to 95 percent of personal injury claims are resolved by settlement rather than going to trial.
Why?
Simply said, trial litigation is demanding on both an emotional and financial level. Additionally, it is questionable. Even if you are confident that you will win your case, the jury may disagree with the amount of damages and decide to give you less money than you believe you are due.
It is preferable to negotiate a settlement that “makes sense” for both parties given the facts because trial litigation is uncertain and expensive for both parties.
How long does it take to resolve personal injury cases?
The length of time it takes to reach a settlement might differ from case to case and ultimately depends on how eager the parties are to bargain reasonably. Settlement in bitter disagreements can take some time (or may not be possible). Professional lawyers understand how to be tenacious defenders while preserving a cordial, respectful rapport with the opposing counsel.
Choosing a Settlement Amount for a Personal Injury Claim
You are therefore negotiating a settlement for a claim for physical harm. How much should you be compensated?
What constitutes a fair settlement offer?
Although the approach to accident legislation and acceptable settlement proposals is complex, we’ll try to make it as simple as possible.
Fair settlements take the case’s uncertainties into consideration. This means that the following factors can affect the outcome of a personal injury case:
- evidence establishing the defendant’s liability;
- Evidence of damages, such as medical costs and other costs.
Example of a Personal Injury Settlement Amount
Let’s say that a car accident left you with wounds. The defendant, who is sued by you, claims innocence. You’re claiming $100,000 in pain and suffering damages from the car collision.
You currently believe that you have a 50% chance of establishing that the defendant committed wrongdoing and is accountable based on the evidence that was presented during early talks and pre-trial hearings. Your claimed damages could be reduced to $XXX when the uncertainty of trial is taken into account.
What Are the Prospects for Success in a Personal Injury Case?
Returning to our earlier illustration. You are aware that the defendant asserts that even if they had injured you, your losses would still amount to $20,000. You think your chances of winning are 50%, and the jury will concur with that estimation. Therefore, the $XXX is reduced to $XXX further.
Given the uncertainty surrounding the case and the nature of the personal harm, a reasonable settlement offer in this situation would probably be in the range of $XXX.
An effective personal injury attorney can convince the other side (and the court) that your case is more clearly in your favour than a “standard” counsel can. This forces the defendant to accept a bigger settlement.
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You may be able to file a bodily injury claim if an accident leaves you injured. It’s crucial to contact a competent attorney for legal counsel and a case evaluation. The best way to handle your auto accident, wrongful death, defective product, or other personal injury claim will be advised by a personal injury lawyer.
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