You may have a personal injury case if you have suffered injuries in an accident caused by someone else’s negligence. Many people in this situation wonder why some personal injury cases settle before trial while others end up before a judge and jury. The reality is that only a small percentage of personal injury cases make it all the way to trial for resolution.
Understanding why only some personal injury cases go to trial can help you recognize what factors make a trial more likely. With the right lawyer by your side, this information will empower you to know how to proceed with your claim.
Why Do Most Personal Injury Cases Settle Before Trial?
While many people imagine going into a courtroom to claim the compensation they deserve after an accident, the reality is somewhat different in most cases. The vast majority of personal injury lawsuits settle before trial. There are a few key reasons for this:
- Both sides want to avoid the risks and costs of a trial if possible. Trials are time-consuming, costly, and unpredictable. Settling out of court allows the plaintiff and defendant more control over the outcome.
- Mediation can often help both sides reach settlement agreements. In this pre-trial process, an impartial mediator helps the parties negotiate a mutually agreeable settlement more cost-effectively and time-efficiently.
- Insurance companies have an especially strong incentive to settle. As public-facing entities are concerned primarily about their bottom lines, they want to limit litigation costs and avoid a large jury verdict against them.
Settling out of court generally leads to quicker resolutions, which is preferable unless both sides cannot agree on compensation.
What Percentage of Personal Injury Cases Go to Trial?
Given all the reasons to settle, it’s unsurprising that, according to the Bureau of Justice Statistics, less than four percent of all personal injury cases go to trial. The majority reached a settlement agreement beforehand. However, for some types of cases, the trial rate is higher. These cases include:
- Large or complex cases with significant disputed damages
- Cases involving contentious legal arguments or unclear liability
- Cases with overly high demands or unreasonably low offers
If reasonable settlement talks fail, preparing for trial becomes necessary.
Do Insurers Want to Go to Trial?
Insurance companies have entire departments dedicated to settling claims out of court. Trials rack up significant litigation expenses and could result in the insurer paying out far more in damages than initially anticipated.
However, insurers may strategically take a case to trial if they believe they have a strong defense or feel the plaintiff’s demand is extreme or unwarranted. They calculate whether it’s worth the risk. Given this, when hiring a personal injury attorney, choose an experienced trial lawyer prepared to defend your rights and interests in court.
What Is a Trial Lawyer?
If the insurance company is unwilling to offer you a settlement covering the full extent of your losses, the case moves into litigation. Trials are complex legal proceedings with specific rules and procedures. A skilled trial lawyer is a seasoned attorney who can effectively prepare and argue a case before a judge and jury.
The legal team at Spiros Law, P.C.. has a successful track record of taking personal injury cases to trial when necessary. Our attorneys have the litigation experience and trial advocacy skills to pursue maximum compensation if negotiations fail. With a knowledgeable Illinois attorney from Spiros Law, P.C. representing you, the insurance company will know you have the legal firepower to take the case all the way to a jury verdict if necessary.
Contact Spiros Law, P.C. for a Free Consultation Today
Suppose you or a loved one has suffered injuries in an accident someone else caused. In that case, you deserve to recover compensation for your medical expenses, lost income, pain and suffering, and other accident-related losses. The team at Spiros Law, P.C. has advocated for injured individuals’ rights in Central Illinois for nearly two decades. Let our team of experienced trial lawyers review your case and start fighting for the compensation you deserve.
The lawyers at Spiros Law, P.C. are aggressive negotiators who will not settle for less than you deserve, and we are unafraid to take the at-fault party to court and hold them accountable for their wrongdoing. Call our team today at (815) 929-9292 or contact us online for a free consultation to learn more about how we can help you.