According to the Bureau of Justice Statistics, only 3% to 4% of personal injury lawsuits proceed to trial. This means over 90% are settled out of court.
After being injured by someone else’s negligence, you may wonder, “Will my case go to trial?” Based on the statistics above, the logical answer is “probably not.”
While true, more complicated cases, usually involving medical malpractice or other complex situations, often proceed to the trial phase. If you want to know more about how likely your case is to go to trial, consult an experienced Fort Worth personal injury lawyer from Patterson Law Group.
Here, you can learn why most personal injury cases will never see the inside of a courtroom.
The Basics of Fort Worth Personal Injury Cases
If you are here, you know what a personal injury case is. Someone has caused you harm through negligence. This could have been a car accident, slip and fall, negligent security, or something else.
Regardless of the cause, hiring a personal injury lawyer in Fort Worth is beneficial. An attorney knows the law and how to help you achieve the desired outcome – a fair settlement for your injuries and damages.
The Legal Aspect of Pursuing a Personal Injury Claim
The legal process for personal injury claims begins when you file a complaint. You are the plaintiff (the person injured), and the complaint is filed against the defendant (the person or entity allegedly responsible).
At this point, your attorney gets to work. The time and effort put into your case significantly impacts the outcome – a fair settlement or proceeding to trial. Remember, going to trial is not necessarily a negative thing. If the other party (or their insurance company) refuses to make a fair settlement offer, and you have a strong case, it may be the best option.
However, before deciding what is best for you, consider the following statistics:
- 61% of plaintiffs were successful in motor vehicle-related trials.
- 50% of plaintiffs were successful in intentional tort trials.
- 38% of plaintiffs were successful in product liability trials.
- 39% of plaintiffs were successful in premises liability trials.
- 19% of plaintiffs were successful in medical malpractice trials (showing how complicated proving medical negligence is).
To make an informed decision, consider the likelihood of your case’s success. Your attorney can also help you determine whether settling or going to trial is in your best interest.
Emotional and Financial Impact
Personal injury cases often carry significant emotional and financial tolls on the individuals involved. Victims may face long recovery times, lost wages, and mounting medical bills, all of which can lead to stress and anxiety.
This impact may encourage plaintiffs to take an offer that does not compensate for all their losses. This is another reason to engage the services of a Fort Worth personal injury lawyer. They can review the offer and determine if it is fair for the losses you sustained.
Reasons Most Personal Injury Cases Settle Before Going to Trial
In your case, there is no way to know if the defendant (or their insurance company) will make a fair settlement offer. However, there are some reasons that settling may be the best option. These include the following:
Cost-Effectiveness
When faced with a personal injury case, both parties must consider the financial implications of proceeding to trial. The costs of taking a case to trial can be exorbitantly high. These expenses include legal fees, the costs of gathering evidence, expert witness fees, and court costs. Depending on what is needed and how long the case takes, costs can easily exceed $100,000.
On the other hand, settling a case early in the process can significantly reduce these expenses. Your attorney can advocate for settlement negotiations to conserve financial resources. This approach benefits the plaintiff by preserving a greater portion of their compensation and saves the defendant from potentially higher financial liabilities.
Time and Efficiency
Taking a personal injury case to trial means you may be waiting for years to receive a decision. This is an important consideration. Can you afford to wait years for compensation? Does it make sense?
Settlement negotiations can be initiated and concluded in a fraction of the time it takes for a case to be tried, allowing injured parties to receive compensation more swiftly. For example, while a trial in Fort Worth could take a year or more to conclude, settlements can often be reached in months. This expedited process accelerates financial relief for the injured party and allows both parties to avoid the prolonged stress and uncertainty of litigation.
Risk and Uncertainty
A trial’s outcome can never be predicted with certainty, introducing a significant risk for the plaintiff and the defendant. Your attorney will likely warn you of the unpredictability of jury decisions, which can vary widely even in cases with similar facts.
Settlements offer a more controlled and predictable outcome. By negotiating a settlement, both parties can reach a satisfactory agreement, avoiding the gamble of a jury verdict. This predictability is often a compelling reason for clients to pursue settlements.
Privacy Concerns
Trials are public records, and the details of a case, including potentially sensitive or embarrassing information, become accessible to anyone who seeks them. This exposure can have detrimental effects on an individual’s reputation and privacy.
Settlements offer a confidential option to settle a personal injury claim. By choosing to settle, parties can keep the details of their agreement private, safeguarding their reputations and personal information. This aspect of settlements is particularly appealing to individuals and entities concerned about public perception and the potential for negative publicity stemming from a trial.
The Settlement Process Explained
Reaching a settlement in a personal injury case involves a series of steps. Initially, both parties negotiate to agree on compensation without going to trial.
Mediation or arbitration may be introduced as alternative dispute resolution methods if negotiations stall. Mediation involves a neutral third party facilitating negotiations to reach an agreement, while arbitration involves a neutral third party making a binding decision based on the evidence presented.
Both approaches offer a less formal, more private means of dispute resolution, allowing parties to avoid a trial’s complexities and public exposure.
Why Some Cases Still Go to Trial
Despite the advantages of settling out of court, some personal injury cases in Fort Worth proceed to trial. This is often the case when the parties cannot agree on the settlement terms, if liability is disputed, or if the plaintiff believes the compensation offered does not adequately cover their damages and suffering.
If this happens, a trial allows a more thorough examination of the evidence and determination of liability, potentially leading to a fairer judgment.
Let Our Fort Worth Personal Injury Lawyer Help with Your Claim
At Patterson Law Group, our personal injury lawyer in Fort Worth understands the importance of receiving a fair settlement after being injured by someone else’s negligence. We can help you determine whether settling your case or going to trial is the best option.
