Many people who are injured in car accidents or other incidents worry about going to trial. They might be reluctant to discuss their private medical information in an open forum, fight over whose fault the accident was, or deal with an adversarial process. While most cases don’t go to trial, some factors may increase the likelihood of a particular case ending in this way.
How Personal Injury Cases Are Resolved
There are several outcomes in personal injury cases, including:
- No legal action: The accident victim may decide not to pursue compensation from the at-fault party. They may have filed an insurance claim with the at-fault party’s insurance, which might be denied, and they might have chosen not to pursue the matter further.
- Settlement: The accident victim could settle with the at-fault party or their insurance company in exchange for a certain amount of monetary compensation.
- Mediation: This form of alternative dispute resolution involves a neutral third-party who encourages the parties to reach an amicable decision out-of-court. If the parties reach an agreement, the plaintiff dismisses their case.
- Arbitration: Arbitration involves a less formal but similar process to a trial, but the decision maker is an arbitrator or panel instead of a judge. There are often limited grounds to appeal a decision reached in arbitration, and the decision is often binding on the parties.
- Trial: If the parties don’t agree to another resolution, the case may proceed to trial.
Likelihood of Trying the Case
Most personal injury cases do not go to court. Statistics show that only about 3-5% of personal injury cases go to trial each year. Instead, most cases are settled outside of court, through negotiation between personal injury lawyers and insurance adjusters/defendants, mediation, or arbitration.
The reason for this is that trials can be unpredictable, expensive, and time-consuming, so both parties may stand to benefit from resolving their legal claim out of court.
Factors That Affect Whether Personal Injury Cases Go to Trial or Settle
Certain factors may increase the likelihood that a particular personal injury claim will proceed to trial, such as:
Disputes Over Liability
The at-fault party or their insurance company may deny responsibility for the accident. They could even blame the victim for the accident. Since financial responsibility generally follows fault, if the parties cannot agree on whose fault the accident was, the case might proceed to a trial where a judge or jury can determine this crucial issue.
Disagreements Over Damages
Even if the at-fault party concedes they were at fault for the accident, they may disagree about the value of the damages. Sometimes, insurance companies may offer lowball settlements that are well below a claim’s actual worth, and the accident victim may refuse to accept it. This leaves the matter to the judge or jury to decide.
Insurance Bad Faith
Insurance companies sometimes employ bad-faith tactics to protect their bottom line. They may refuse to offer a fair settlement, deny the claim altogether, fail to communicate, or even fail to investigate the claim. Under these circumstances, your lawyer might recommend filing a lawsuit.
Contact Our Experienced Personal Injury Lawyers for a Free Consultation
Whether or not your personal injury case should go to trial or should be settled, Aronberg, Kouser, Snyder & Lindemann, P.A. can help. We can carefully analyze your situation and advise you which option makes the most sense for your particular situation. Call us today for a free case review.
