Check out a few helpful statistics on personal injury claims.
Did you know the government estimates that only 5% of personal injury claims will ever go to trial? This means that 95% of personal injury claims are settled pretrial!
And of the claims which end up going to trial, 9 out of 10 will result in a loss for the plaintiff. Yikes.
So what does this mean for your potential lawsuit?
Settling Personal Injury Claims Outside of Court
The first implication is you are far more likely to arrive at a settlement without ever setting foot inside the court. But why is this the case?
- Timing is everything for your personal injury case.
This mantra is true in life, and in lawsuits. The longer it takes to file suit and go to court, the more impatient people become waiting for the process to be completed. Is this a by-product of Hollywood movies and television, telling us these things are concluded in a matter of days? Perhaps. But the reality of the situation is that many people don’t realize just how long it takes for cases to make it through the system.
If they need to close the case sooner rather than later they will have high motivation to settle outside of court. However, it’s important to note if the full extent of injuries and damage has yet to be realized, rushing to settlement can be a disastrous move.
- You value privacy, and that impacts your personal injury case.
Once a lawsuit goes to trial, it becomes public record. This includes evidence, statements, and any other information associated with the trial. Many individuals and companies prefer to reach an agreement outside the court as a way to prevent such information from becoming public. You can also make the settlement contingent on a non-disclosure agreement, preventing anyone associated with the case from talking about it or disclosing specific details.
- You aren’t concerned with setting a legal precedent through a personal injury case.
The idea of legal precedent has to do with decisions made in past cases whose facts are similar to yours. If you believe your case has the potential to set a legal precedent for others, and establishing this precedent is important to you, then trial is the only way to do it. However, if you don’t care about legal precedent, settlement is still a viable option.
- You aren’t concerned with guilt or innocence regarding your personal injury.
One thing a settlement will not accomplish is the establishment of guilt or innocence. Similarly, you are unlikely to get an apology or acceptance of responsibility as part of a settlement. Just because a party agrees to pay you, it does not mean you’ve established responsibility or culpability; only that you have reached an agreement on payment and damages.
What Are Your Chances for a Favorable Legal Outcome or Settlement?
Every case is different, and it’s impossible to determine whether you will “win” a case on day one. However, the combination of evidence, injury, and other factors will all play a role in determining the either the potential scope of your settlement or your likelihood to win in the event of a trial.
Looking for a Personal Injury Claims Lawyer?
Click to find out more about the personal injury claims process by contacting our team at Titus Law online.