How Many Personal Injury Cases Go to Trial?
Personal injury cases arise when someone is injured due to another party's negligence or intentional actions. These cases can range from car accidents to slip and fall incidents to medical malpractice. One of the primary concerns for those involved in personal injury claims is whether their case will go to trial or settle out of court.
Settlement vs. Trial: The Statistics
Data from the US Department of Justice shows that 96% of personal injury claims get settled out of court. This statistic is a revelation for many personal injury victims who are concerned how long and stressful the personal injury lawsuit process might be. Clearly, only a minuscule number of personal injury cases go all the way to trial.
Why Do Most Personal Injury Cases Settle?
- Cost and Time Efficiency: Trials can be expensive and time-consuming. Legal fees, expert witness costs, and court expenses add up quickly. For many plaintiffs, the prospect of a lengthy trial can be daunting. Settling a case out of court often results in quicker compensation without the prolonged stress of a trial.
- Certainty and Control: Settling a case provides both parties with a level of certainty. Trials are unpredictable, and even strong cases can have unexpected outcomes. By agreeing to a settlement, both the plaintiff and the defendant have more control over the result.
- Privacy: Trials are public, and the details of the case become part of the public record. For those who value privacy, settling out of court allows for more confidentiality.
- Risk Management: For defendants, particularly insurance companies, settling a case eliminates the risk of a potentially large jury award. Even if they believe they could win at trial, the uncertainty and potential financial exposure often make settlement a safer option.
Factors Influencing the Decision to Go to Trial
While most personal injury cases settle, some do go to trial. Several factors can influence this decision:
- Strength of Evidence: If the plaintiff has strong, irrefutable evidence and the defendant refuses to offer a fair settlement, going to trial might be the best option.
- Legal Strategy: Attorneys may advise their clients to go to trial if they believe it’ll result in a significantly higher award than what is offered in settlement negotiations.
- Defendant’s Stance: Some defendants may refuse to settle or may only offer unreasonably low settlements. In such cases, the plaintiff may have no choice but to go to trial to seek fair compensation.
- Nature of the Case: Certain types of cases, such as those involving significant public interest or where the defendant wants to set a legal precedent, are more likely to go to trial.
- Plaintiff’s Goals: Some plaintiffs may seek more than just financial compensation; they may want their day in court to hold the defendant publicly accountable.
Why Your New York Personal Injury Attorney Should Have Trial Experience
Since most personal injury claims settle out of court, you might think that you don’t need a personal injury attorney with trial experience. In reality, New York City personal injury lawyers with a formidable courtroom reputation and a demonstrable record of multi-million dollar trial verdicts are your best bet. Here’s why trial experience is necessary, even if your case is most likely to end in a settlement.
Importance of Trial Experience in Personal Injury Claims
Trial Preparedness for All Scenarios
Having a lawyer with trial experience ensures that they are prepared for all possible outcomes. While settling out of court is common, sometimes negotiations fail, and the case must go to trial. An attorney with trial experience will be ready to present a compelling case, increasing your chances of receiving the compensation you deserve.
Negotiating Leverage
Insurance companies and opposing counsel know which attorneys are willing and able to take a case to trial. When they face a lawyer with a strong trial record, they are more likely to offer a fair settlement to avoid the risk and expense of going to court. This leverage can lead to higher settlement offers.
Thorough Case Preparation
Attorneys with trial experience understand the importance of thorough preparation. They will obtain hard evidence, interview witnesses, and build a robust case from the beginning. This comprehensive approach not only prepares the case for trial but also strengthens the negotiation process, as the opposition sees the attorney's preparedness.
In-Depth Legal Knowledge
Trial experience provides attorneys with a deep understanding of court procedures, rules of evidence, and legal strategies. This knowledge is crucial for identifying and exploiting weaknesses in the opposition’s case, presenting evidence effectively, and persuading a jury or judge.
Confidence and Credibility
An attorney with trial experience exudes confidence and credibility in both negotiations and court. Their ability to articulate arguments, cross-examine witnesses, and present evidence persuasively can significantly impact the outcome of your case. This confidence can also reassure you that your personal injury case is in capable hands.
New York Personal Injury Lawyer Michael Lamonsoff's Trial-Ready Approach: Ensuring Maximum Compensation
Preparing Every Case for Trial
Attorney Lamonsoff firmly believes in preparing every case for trial, even though the vast majority of cases settle out of court. This strategy ensures that each case is thoroughly prepared and ready to go the distance if necessary.
Taking Control from Insurance Companies
Insurance companies often attempt to control the process by offering inadequate settlements to limit the compensation injury victims receive. Our firm aggressively litigates every case as if it were going to trial, taking the control away from the insurers. This approach ensures that our clients are not pressured into accepting lowball offers.
The Power of Jury Sympathy
Insurance companies are terrified of cases going to trial because a jury will determine the compensation amount. Juries, composed of people from the community, are far more sympathetic to the plight of injury victims than multinational insurance corporations. This community empathy often leads to more favorable outcomes for our clients.
Increasing Settlement Offers
As a case gets closer to trial, insurance companies become more inclined to offer higher settlements to Michael Lamonsoff “The Bull.” They understand the risks and uncertainties associated with a jury trial and prefer to settle rather than face the possibility of a significant jury award. This fear of trial and the potential for a substantial payout often results in more generous settlement offers for our clients as the trial date approaches.
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