What factors influence whether a case settles out of court or proceeds to trial? What should you know about your case and its likelihood of going to trial?
Number of Cases that Go to Trial
Firstly, let’s address the question: How many personal injury cases go to trial?
According to statistics, only a small fraction of personal injury cases make it to trial, with estimates ranging from 2 percent to 5 percent of cases reaching the courtroom. The vast majority of cases are resolved through out-of-court settlements. Most of the time, parties negotiate a mutually agreeable resolution without the need for litigation.
Factors Affecting Whether a Case Goes to Trial
Several factors contribute to the prevalence of settlements in personal injury cases.
One of the primary considerations is the cost and time associated with going to trial. Litigation can be a lengthy and expensive process, involving court fees, attorney’s fees, expert witness costs, and other expenses.
Additionally, trials may take months or even years to conclude. This prolongs the resolution of the case. By contrast, settlements offer a more expedient and cost-effective means of resolving disputes. Parties can avoid the uncertainties and complexities of the courtroom.
Another crucial factor in the decision to settle versus go to trial is the strength of the evidence and legal arguments. Attorneys carefully assess the merits of each case, weighing factors such as liability, causation, and damages. If the evidence strongly supports the plaintiff’s claims and liability is clear, the defendant may be more inclined to settle rather than risk an adverse verdict at trial.
Conversely, if there are significant uncertainties or weaknesses in the case, the parties may be more likely to explore settlement negotiations as a way to mitigate risks and potential losses.
Every Case is Different
Practical considerations such as the preferences of the parties involved and the potential impact on reputation and public perception can influence the decision-making process. Settlements offer a degree of confidentiality and privacy that trials do not, allowing parties to resolve disputes discreetly and avoid unwanted publicity.
Additionally, parties may have personal or business reasons for wanting to avoid the stress and uncertainty of trial. This makes settlement an attractive option for all involved.
Why Settle?
It’s important to note that while settlements offer many advantages, they are not always achievable or desirable in every case. In instances where parties cannot reach a mutually acceptable agreement through negotiation, litigation may become necessary to seek resolution through the court system. Factors such as the nature of the injuries, the amount of damages sought, and the willingness of the parties to compromise can all impact the likelihood of settlement versus trial.
While personal injury cases can and do go to trial, the majority are resolved through out-of-court settlements. Factors such as cost, time, evidence strength, and practical considerations influence the decision-making process for both attorneys and clients. Ultimately, the goal is to achieve a fair and just resolution that meets the needs and interests of all parties involved, whether through negotiation or litigation.
If you’ve been injured and you’d like to speak to someone about your case, contact the Geller Injury Law Firm at (813) 337-7798.
