Featured News 2016 Why Most Personal Injury Actions Settle Out of Court

Why Most Personal Injury Actions Settle Out of Court

If you were recently injured in a car accident, harmed by a defective medical device, sickened by a dangerous drug, or injured on someone else's property, and you have suffered damages as a result, you may have realized that you have no other choice but to file a lawsuit.

Often, when someone is injured due to another's negligence, those injuries can lead to substantial damages. Such damages can include a totaled vehicle (car accident), tens of thousands in medical bills, lost income, and a host of other damages.

So, it's no wonder why the injured has little choice but to file a claim for compensation.

Why You Probably Won't Go to Court

Will your personal injury claim lead to a full-blown court trial? Probably not. Upwards of 90 percent of personal injury lawsuits are settled out of court, and for good reason. Lawsuits are costly for both sides, they are unpredictable and they take a long time.

For the liable party (the defendant), they have to pay attorney fees, expert witnesses and deposition fees out-of-pocket, and they cannot accurately predict how much a jury will award. These expenses add up quickly.

For the injured party (the plaintiff), all trial expenses, legal fees and associated costs are deducted from their jury award or settlement, and if they go to trial, they could be paying thousands of dollars more in legal expenses than if they were to settle out of court.

Facts to consider:

  • Trials are expensive
  • Trials can drag on for years
  • Juries are unpredictable
  • Settlements are much faster than trials
  • There is no guarantee that a jury would award more money

Even though the majority of personal injury actions settle out of court, there is a time and a place for trials. Usually, a personal injury attorney will pursue a trial when the at-fault party denies liability or is unwilling to agree to a fair settlement.

If you were injured in an accident, contact a personal injury attorney to file a claim.

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