Why Most Personal Injury Cases Settle Out of Court

There are some people who are reluctant to file a personal injury claim because they do not want to deal with a long, drawn-out court trial. They think of the court cases they’ve seen on TV and they think about how their lives would be disrupted if they have to go through that and they suddenly think to themselves,

“I don’t know if I should bother filing a personal injury claim. It may be too much work.” If you were injured in some sort of an accident that was not your fault and if you’re thinking something similar, we want you to know that by far the vast majority of personal injury claims settle outside of court. In fact, it’s in the ballpark of 90 or 95%, if not more. Why do so many personal injury cases settle outside of court? There are quite a few reasons, but here are some of the main ones:

  • Personal injury cases are unpredictable and settling out of court gives both sides some control over the outcome.
  • Juries are unpredictable so for both sides, there is no guarantee that they will win.
  • For the plaintiff, they will receive their check much sooner.
  • While trials are public, settlements can be kept private. This protects the defendant and their insurance company in many ways.
  • There is no guarantee that the plaintiff will get more money if they go to trial.
  • Settlements drive down the costs of court and legal fees significantly. For the plaintiff, this means they get to keep more money.

While most personal injury cases do settle out of court, that does not mean that all cases are settled. There is definitely a time and a place for jury trials, especially when the defendant denies a claim, or will not budge from a low-ball settlement offer that is clearly, much less than the plaintiff deserves. In these types of situations, a trial may be in the plaintiff’s best interests.

Related: What Are Damages in a Personal Injury Case?

To learn more about how your case should be handled, please contact The Zendeh Del Law Firm, PLLC for a consultation.

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