What Percentage of Cases are Settled Before Trial?
According to the recent report of the US Department of Justice, there are more than 400,000 personal injury claims every year. That’s huge. How many cases are settled before trial, though? It is around 4%, and that’s approximately 16,397 cases per year. Yes, the majority of personal injury cases are solved out of court.
Now, why should you settle and not go to trial if you are involved in an accident? Then, when is settlement not a perfect choice? You will know them all in this guide. Keep reading for more!
Reasons You Should Settle
You got severely injured after a car accident, lost your job, and have a pile of bills to pay off. That’s why we cannot blame you if you file a case against the at-fault party.
But remember that settlement is a better and more helpful idea. Below are some reasons you should settle:
Trials Are Tricky and Stressful
Court proceedings are extremely complicated for every party involved. Both the defendant and the plaintiff may be subjected to thorough examination on the witness stand, which is overwhelming. What’s worse is that the parties’ character will be publicly scrutinized. Before the trial, legal counsels and clients exert great effort to win the claim, which can be extremely labor-intensive. But say bye to that stress and inconvenience with a settlement. Usually, an agreement is negotiated with the presence of attorneys. Then, the at-fault individual pays the plaintiff. That’s it. There is no complicated procedure to experience along the way.
Litigation Might Break Your Bank
The laws on personal injury are technical, requiring the expertise of an experienced attorney. However, it is expensive to hire St Louis semi accident lawyers as you need to pay them an hourly rate. Imagine your lawsuit process takes months or years. You will be in debt for sure.
That’s not all. There are other costs that will give you a headache. These may include court expenses, expert witnesses, lost time from work, and travel.
Can you afford all of that? While some have financial stability, others do not. Therefore, a settlement will be a practical choice to avoid these expenses.
Court Proceedings are Unpredictable
It is true that a jury may approve the costs of the damages the defendant claims, but there is no guarantee. Do not forget that the trials are unpredictable. When the court proceedings start, the judge may exclude some pieces of your key evidence, consider eyewitnesses unreliable, and find some inconsistencies in your testimony, putting your personal injury case at a disadvantage. On the contrary, an out-of-court settlement will enable both parties to gain control of the process.
When Should Your Case Go to Trial
It is recommended for personal injury cases to be settled outside the court, as it is less labor-intensive and less expensive.
But when should you consider bringing your case to litigation? The following are a few signs that a settlement is not suitable for you:
The At-Fault Party May Not Offer to Pay What You Need
The medical and police reports prove that you are not guilty of the crash. But sometimes, it is still difficult to convince the at-fault party to agree on the settlement you deserve. So, you do not have a choice but to bring your case to a trial. Since it is costly, you have to prepare your pocket.
The Defendant Does Not Admit Liability
So, the defendants already agree to write you a settlement check. But that does not mean they admit their liability. The best way to find liability against them is by bringing your personal injury case to trial. Just be sure you hire a qualified lawyer to represent you in court best.
While it is tempting to choose an attorney who provides a competitively priced service, you should be willing to spend more. Even if you need to pay additional costs, you can be sure to receive a quality result at the end of the day.
Are you looking for a firm that has been in the profession for years now? Do not look further than Powell Law Firm! We have a team of qualified lawyers with an unmatched commitment to providing services catered to every client’s specific legal requirements.