Most Personal Injury Cases Are Settled

Brent Adams

Attorney
(866) 735-1102 Ext 645

0 CommentsPrint ArticleSubscribe

            Most personal injury claims arising out of motor vehicle collisions are settled.  Even those claims for which   lawsuit are filed are  settled  before trial in the vast majority of cases. 

            It is always better to settle a personal injury claim if possible.  The advantages of settlement are many.  Among these advantages are that settlement eliminates the uncertainty which accompanies a jury trial.  Even the most experienced personal injury lawyer is unable to predict exactly how a jury will decide a case.  If a claimant is able to settle the case for an amount which is satisfactory to him or her, even if it may not be the amount they hoped for at first, it is usually better to settle than to take a chance on a lower verdict from a jury.

Another advantage of settlement is that a settlement can be made, and money dispersed to the injured victim quicker than would be the case if the claim went to trial and a jury verdict was rendered.  There is something to be said for getting paid sooner rather than later. 

            In addition, defendants can always appeal no matter how slim their chances of winning of the appeal.  This appeal will almost certainly delay payment to the injured victim. 

            There’s also the issue of cost involved in a jury trial.  Although most lawyers represent injured victims on a contingency fee basis, there are certain costs involved in the jury trial such as deposition costs, expert witness fees, and other costs which have to be paid by the injured victim.  In the end, these costs will come out of the injured victim’s pocket.  Although the trial court will have discretion to require the injured victim to pay some of these costs, judges do not always require the careless driver’s insurance company to reimburse these costs.

            Although it is always better to settle the claim if the careless driver’s insurance company is willing to pay a fair amount, the victim should not be hesitant to go to court if necessary. 

            The injured victim should not accept a low settlement from the insurance company simply to avoid trial. 

            It is important that the injured victim be represented by a personal injury attorney who has a reputation for taking cases to trial when necessary.  If a lawyer has a reputation for always settling cases and never going to court, insurance companies will usually pay less for that lawyer’s cases. 

            Although it is better to take a claim all the way through court if the insurance company is not willing to offer a fair amount, settlement should always be the goal.  If a claimant has a good personal injury lawyer who is ready to take his or her claim to trial, the cases will usually be settled short of having to actually go to trial.