Do I Have to go to Court for My Personal Injury Claim?

If you were injured in an accident caused by someone else’s negligent or reckless actions, you might think you are going to have to face the at-fault party in court to have them compensate you for your damages. The idea of having to plead your case in court can be stressful; however, with a skilled personal injury attorney by your side, you could gain the compensation you deserve without having to step a single foot inside a courtroom.

Traditional Outcomes of Personal Injury Lawsuits

Most personal injury claims are settled before going to trial. The U.S. Department of Justice (DOJ) reports that only between four and five percent of these tort claims go to trial. The rest resolve themselves via settlement agreements for some good reasons. The Bureau of Justice Statistics found that plaintiffs and defendants were equally successful at fifty percent each in all personal injury cases decided at trial. Auto accident plaintiffs prevailed about sixty percent of the time but only twenty percent of the time in medical malpractice trials.

What Injury Cases Outcomes Mean for Your Claim

You may have difficulty deciding whether to accept a settlement offer or take your chances at trial. Your best strategy for deciding whether to go to trial or take a settlement offer is to speak with an experienced personal injury lawyer. Your lawyer can suggest a reasonable range of what your claim may be worth and negotiate with the defendant’s insurer to settle within that range. If an insurer is unreasonable with their offers, a trial is always an option. Although it can be a lengthy process, obtaining full compensation for your injuries can be worth going to trial.

What an Insurer Might Think About a Trial

Insurance companies have one main focus, saving money. When they use tactics like stalling, lying, and refusing to pay to coerce you into accepting an unjust settlement you may also be able to hold them liable. Although insurers prefer to pay as little as possible, they must weigh the risk of lowballing you and ending up in court in front of a jury sympathetic to the injured person. In Jury verdicts, when represented by an attorney, settlements are almost always higher than an initial settlement offer. 

The insurance companies know that trial is a losing battle for them so using it to your advantage can get them to give you a fair offer in a reasonable amount of time. 

Getting Your Life Back

Taking a personal injury case to trial can take over a year between investigating, interviewing, conducting discovery, and going to court. Working with a skilled attorney who can negotiate and litigate well is a necessity to ensure that you receive the optimal resolution. Once you settle, you will absolve the defendant and insurer from any future liability over the same accident, but it is a decision you can make confidently with help from our skilled personal injury attorneys. Call Price Benowitz today for a free case evaluation.