When someone is injured as a result of an accident caused by another person’s negligent actions, they can file a personal injury claim to recover the financial losses suffered. Car accidents are the most common, though slip and fall accidents, boating accidents, and medical malpractice incidents are other types of cases that can leave victims with serious injuries and massive bills.
If you were hurt in one of these kinds of accidents, you might be nervous about heading to court. The reality is that most personal injury cases will resolve before a trial is necessary, though some still go to trial.
Why do some personal injury cases go to trial while others don’t? While the percentage of cases going to trial is small by comparison, it helps to know the factors that may increase this likelihood.
Reasons That Personal Injury Cases Go to Trial
There are certain reasons that some personal injury cases will make it to the courtroom.
Disputes in Liability or Multiple Liable Parties
When there is a personal injury matter, all involved parties will work with their legal representatives to negotiate the terms. In some cases, there may be a disagreement over who is responsible. Typically, this will happen when there are multiple potentially liable parties.
Truck accident cases commonly feature multiple defendants, including the truck driver, the trucking company, cargo loading companies, and others involved in the process of managing the fleet or maintaining the trucks. When round after round of finger-pointing continues without resolution, it often proceeds to court to determine negligence.
Insufficient Settlement Offers
Sometimes, insurance companies refuse to provide a fair settlement to cover medical expenses, lost income, and other damages. They may attempt to drag things out, though your attorney will likely press on with the lawsuit in court.
Disagreements on Damages
Insufficient settlement amounts usually come about due to disagreements on damages. You may have medical records indicating the severity of your injuries and the future impacts they will have, though the insurance company may disagree despite the evidence. It’s another scenario where your attorney will be prepared to bring it to the judge in an attempt to get you the most favorable outcome.
Complex Legal Factors
While having multiple liable defendants can complicate a case, other complexities may also be present. For example, medical malpractice cases are incredibly intricate and will require testimony from medical experts. Other cases may have highly contested legal principles and these issues will most certainly require a formal ruling from a judge.
Approaching the Statute of Limitations
When insurers drag claims out without proper resolution, your attorney may file a formal lawsuit to preserve your claim before the time limit runs out. Known as the statute of limitations, it requires timely filing to seek compensation for personal injuries. These time limits vary by state and sometimes, by the type of personal injury. They may be tolled due to certain factors, but if government entities are involved, the timeline will often be much shorter.
Ultimately, it may be worth going to trial in certain cases, though it is riskier. Still, the objective of these lawsuits is always about justice, and when there is no clear path to justice through negotiations, it should be up to the judge or jury to help resolve the matter.
Why Do Most Personal Injury Cases Settle Before Trial?
Now that you know why some personal injury cases will go to trial, you might be wondering why the overwhelming majority of them settle outside of the courtroom. Here’s why cases involving personal injuries are far more likely to settle:
Avoiding Risks
One of the biggest reasons why these cases tend to settle before court is that a trial is riskier. The risk is greater for both the plaintiff and the defendant. Settling allows each party to have much more control over the outcome.
Saving Time and Money
A personal injury case takes time to resolve, and most attorneys work on a contingency fee basis for these cases. Only a winning settlement will result in paying fees, and this is far less costly than a trial. Even though it takes time, it is significantly less than the time it takes for a case to go to trial.
Mediations Tend to Work
Mediations are often attempted during the settlement negotiation process. It’s part of the pre-trial steps where an impartial mediator is brought in to help the parties reach a mutually agreeable settlement. Since it is more time and cost-friendly, it is often the reason why cases settle more often.
Insurance Companies Try to Avoid a Trial
Insurance companies might not like paying out settlements, but to them, it is much cheaper than going to court. Insurers will look for any way to protect their bottom lines, and litigation costs can impact them significantly. Most jurors are not sympathetic to big insurance companies, and they tend to side with injured victims, making it more likely that they will increase the compensation award recommended for the plaintiff.
Will My Personal Injury Case Go to Trial or Settle?
If you’ve been injured due to the negligent actions of someone else, you might be wondering what will happen in your case. Much of it will depend on the type and severity of your injuries and how they will impact your life. It will also depend on how complicated your case is, and how many liable parties are being held accountable, as per a personal injury lawyer Sarasota.
For example, if you were in a car accident where the other driver rear-ended you and caused you injuries that will heal but have forced you to miss work, your case may settle easily through negotiations. However, if you were driving behind a truck and its load fell off causing other vehicles to crash into yours and you suffered permanent injuries, it will have a greater chance of going to trial.
