How Often Do Most Personal Injury Cases Go to Court?
Four percent to five percent of the personal injury cases in the United States go to trial. Most personal injury cases are settled pretrial.
A settlement occurs when an insurer or defendant makes an offer of payment to an injured person. Accepting a settlement means that the plaintiff must sign a full liability release relinquishing all potential claims against the defendant arising out of the accident or incident.
Settlements are almost always offered in cases involving insurance companies, which is true for the vast majority of personal injury cases. Insurance companies have the money to pay claims, expect to have to pay claims, and fear losing financial control of a claim that goes to trial.
Settlements allows defendants to control risks and loss. They also keep the case from going public, which is important to most businesses and insurance companies. Settlements allow for a fast resolution instead of a long, drawn out trial.
In many cases it is wise for a plaintiff to accept a settlement. When a case goes to trial, there is no longer a guarantee that the plaintiff will have a positive outcome.
Why Do Some Personal Injury Cases Go to Trial?
Sometimes the defendant will not offer a settlement, leaving the plaintiff no option but to take the case to trial to try to recover their financial losses. Other times the settlement that is offered may not be enough to meet the high demand of the plaintiff. And some cases go to trial because the plaintiff wants to have their day in court and refuses to accept anything less.
Settlement negotiations go back and forth until an offer is accepted by the plaintiff or until a stalemate is reached and the case must go to trial to be resolved. Insurance companies are notorious for dragging out settlement negotiations until the statute of limitations for the accident is reached and the injured person no longer has the right to take the case to court.
A Milwaukee personal injury lawyer can help you decide if you should accept a settlement in your case or fight to take your case to trial. The experienced legal team at Urban & Taylor has your best interest in mind and will fight to see your case have the best possible outcome. Contact us today for a free, zero-obligation consultation of your case.
