You may be wondering what percentage of personal injury cases proceed to trial. For individuals dealing with an injury and considering a legal claim, understanding the likelihood of trial can provide crucial insight into what to anticipate throughout the process.
The truth is that the vast majority of personal injury cases don’t make it to a courtroom. In fact, most cases end in a settlement, meaning you can receive financial compensation without undergoing a long, drawn-out trial process.
Still, that doesn’t mean every case is the same. There are certain situations where going to trial might remain necessary. To this end, one might ask, “How common is that, and what can you expect from your own personal injury lawsuit?”
The answers to those questions and others like them are precisely what this article aims to provide. That said, if you or a loved one needs help with your personal injury case, please contact the seasoned New York personal injury attorneys at Schwartzapfel Lawyers today. Simply dial 516-342-2200 or visit us online to schedule your free consultation now.
What Is The Difference Between A Settlement And Going To Trial?
There are generally two possible outcomes when you file a personal injury claim: You reach a settlement, or your case goes to trial. But what’s the difference?
In a trial, both sides — meaning you and the defendant — gather evidence, present their case in front of a judge or jury, and await a verdict. The judge or jury then decides who’s at fault and determines how much compensation, if any, should be awarded.
A settlement, on the other hand, is when both parties agree on compensation without going to court. For example, in a car accident case, the at-fault party’s insurance company might offer to cover your medical bills and other expenses.
From there, you can choose whether to accept the offer or take the case to trial and potentially receive more (or less) compensation. Both options have advantages and disadvantages, but in each situation, the right legal representation can make all the difference.
At Schwartzapfel Lawyers, we have more than (150) years of combined experience helping injury victims receive the compensation they’re entitled to. Call us now at 516-342-2200 for a free consultation and so much more.
How Often Do Personal Injury Cases Go To Trial?
It might be hard to believe, but only about 4% to 5% of all cases go to trial. That means 95% to 96% of cases are settled out of court or dropped. This trend is true across the country, including in New York.
Why is that? Trials can be time-consuming, expensive, and unpredictable. Most people — plaintiffs and defendants alike — tend to settle because it’s faster and less stressful.
That said, some cases still go to trial, especially those involving more complicated issues like medical malpractice or wrongful death. These situations have higher stakes, and reaching a reasonable settlement may be more difficult.
Why Might A Personal Injury Case Go To Trial?
While most personal injury cases settle, there are certain situations where going to trial makes sense. Here are a few:
Preventing Legal Precedent
Sometimes, insurance companies or corporations go to trial to prevent a legal precedent from being set. For example, if an injured shopper sues a retail store and wins, it could encourage other shoppers to file similar claims. Going to trial is a way for these companies to control the outcome.
Principle
Some plaintiffs feel strongly about taking their case to trial, even if they’re offered a settlement. They might want to hold the defendant accountable in a public forum or simply feel that the settlement offer doesn’t reflect the severity of their injuries.
Inadequate Settlement Offers
If the defendant’s settlement offer doesn’t fully cover your medical bills, lost wages, and other damages, going to trial may help you secure a larger payout. For instance, if you’re dealing with a slip, trip or fall accident that resulted in permanent injury, a settlement might not be enough to cover your ongoing medical treatments and future lost wages.
Whether your case settles or goes to trial, having an experienced attorney by your side is absolutely critical to the success of your claim. Here, the award-winning legal team at Schwartzapfel Lawyers can help you better understand your options when you call us at 516-342-2200 today.
Why Do Most Cases Settle?
If going to trial is so rare, why do so many personal injury cases settle? That is, what factors generally drive plaintiffs and defendants alike to elect settlement over a courtroom trial? To answer this, one must understand the following key reasons:
Savings: Time & Money
Trials can drag on for months or even years, costing both sides considerable time and money. Even in straightforward cases, the costs of legal fees, court filings, and qualified testimony can add up quickly. Settling out of court is often the faster, more cost-effective solution.
Reducing Risk
Trials are unpredictable. Even with strong evidence, there’s no guarantee a judge or jury will rule in your favor. Insurance companies often offer settlements to avoid the risk of a large verdict, and plaintiffs may accept them to avoid the uncertainty of a trial.
Lack Of Strong Evidence
In some cases, the evidence may not be strong enough to guarantee a win at trial. For example, in an auto accident case with conflicting witness statements, both parties might prefer settling rather than taking their chances in court.
In these ways, it can be said that much of the time settlements allow both parties to reach an agreement that can be more favorable and less risky than the uncertainties of a trial.
What Can The Right Personal Injury Lawyer Do For You?
It’s not easy to manage a personal injury case on your own, especially when you’re dealing with injuries, medical bills, and lost income. That’s where an experienced personal injury attorney comes in. To illustrate how they can help the success of your claim, consider the following:
- Case Assessment: The right attorney can review the facts of your case, gather evidence, and help you determine whether to settle or go to trial.
- Negotiating A Settlement: Insurance companies often try to offer less than you’re entitled to. The right attorney can negotiate on your behalf to secure a fair settlement that covers all of your damages, including medical bills, lost wages, and pain and suffering.
- Preparing For Trial: The right attorney can also handle the preparations if your case goes to trial, including gathering evidence, calling witnesses, and presenting a strong case in court.
Remember, the clock is ticking and time is not on your side. In point of fact, New York State law ensures that personal injury cases have strict deadlines.
So, please, don’t wait until it’s too late. Act now instead and call Schwartzapfel Lawyers at 516-342-2200 for a free case review and endless peace of mind.
Why Is It Important To Act Quickly In A Personal Injury Case?
One of the most important factors in any personal injury case is timing. As mentioned, New York State has strict rules governing claim-related statutes of limitations — three (3) years for most personal injuries, to be exact. This means that there’s a limited window to file your claim successfully. Said differently, if you wait too long, you may lose your right to recover financial compensation entirely.
Moreover, in addition to legal deadlines, evidence can quickly disappear. The longer you wait, the harder it may become to gather crucial evidence like witness testimony, photos, and medical records demonstrating the extent of your injuries.
What Are Some FAQs About Personal Injury Cases?
To help with any remaining questions you may have about your personal injury case, here are the answers to some of the more frequently asked questions:
What Types Of Personal Injury Cases Are More Likely To Go To Trial?
Medical malpractice, wrongful death, or product liability cases are more likely to go to trial. However, even these cases often settle before reaching a courtroom.
How Long Does A Personal Injury Trial Last?
The length can vary depending on the scope of the case. Some trials take just a few days, while others can last for weeks or even months.
What Happens If You’re Offered A Settlement?
If you’re offered a personal injury settlement, consult with an experienced personal injury lawyer before accepting. Your seasoned attorney can help you evaluate whether the offer is fair and negotiate for a better outcome if needed.
Recover Fully With Schwartzapfel Lawyers!
Whether your personal injury case goes to trial or settles out of court depends on several factors, including the strength of your case, the compensation you seek, and the offers available. One thing is certain: having the right legal representation can make all the difference in reaching a favorable outcome.
A skilled attorney experienced in personal injury law can help you get all the money and benefits you’re entitled to. To do this, they’ll guide you through every step of the process, from settlement negotiations to trial, while fighting for you both in and out of court.
Still, you must remember how important it is to not delay, as your time to file and come out on top is limited. To be sure of yourself and your financial future, act now and call Schwartzapfel Lawyers at 516-342-2200 for a free consultation and so much more.
No matter your situation, it will be our honor and privilege to take your case to the next level while you focus on what’s most important: getting better.
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 516-342-2200 now!
Sources:
Schwartzapfel Lawyers, P.C. | Fighting For You
Tort Cases in Large Counties | U.S. Department of Justice
Statutory Offer of Settlement | Cornell Law