What Percentage Of Personal Injury Cases Go To Trial
Only an estimated five percent of all cases make it to trial.
The official numbers do vary slightly, but most of these cases never go to trial. Estimates show only about five percent of all personal injury claims actually make it to trial. If represented by an experienced personal injury attorney, there is a very good chance your claim will be resolved prior to trial.
How Many Personal Injury Cases Go To Trial?
A large majority of these cases are resolved out of court. Most personal injury cases will be ideal for resolution during the negotiation process. Going to trial with these claims will only extend the process, becoming more expensive and time-consuming for all parties. This is why personal injury attorneys work tirelessly to resolve claims during the negotiation phase.
How Are Most Personal Injury Claims Resolved?
Since most of these cases are resolved before going to trial, it’s fair to wonder how most are resolved.
These are three primary ways that personal injury suits reach resolution:
1. Negotiated Settlement
This resolution type involves your personal injury attorney and the defendant’s legal representation or insurance company. In this negotiation type, you will negotiate until both parties have agreed upon a certain settlement amount. Once you have accepted the amount, you give up your right to pursue any further legal action in the case.
A neutral mediator can be utilized when both sides fail to reach a settlement during negotiation. These mediators may be or a retired judge or attorney, serving between the two parties to help them reach an appropriate settlement.
Mediators strive to strike a deal in the best interest of both parties. During this process, the parties can speak to the mediator and address each side with the mediator overseeing the dialogue. Each party will get the chance to speak directly to the mediator alone.
Similar to mediation, arbitration functions more like a trial. Both parties formally testify in front of the arbitrator during this process. Dialogue is undoubtedly more formal during mediation.
What Damages Can I Recover From A Personal Injury Claim?
When a personal injury occurs due to negligence, the value of the claim could be significant. Typically, the more your quality of life has been impacted, the more your personal injury case will be worth. While every case is different, the average plaintiff can recover compensation for specific types of damages.
Personal injury attorneys can work to obtain the following compensation types:
- Lost wages
- Current and future medical bills
- Pain and suffering
- Property damage
- Out-of-pocket costs
- Physical pain
- Mental anguish
Only a small percentage of the thousands of personal injury cases go to trial in the U.S. each year. The vast majority of these cases are resolved during negotiation, without reaching a courtroom. Having an experienced personal injury attorney on your side gives you the best chance to make this an efficient and satisfying legal process.
Source: “What Percentage Of Personal Injury Cases Actually Go To Trial?” The Paul Wilkinson Law Firm https://www.callpaul.com/percentage-of-personal-injury-cases-actually-go-to-trial/
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When a case demands litigation, you’ll have the benefit of 19 years of litigation experience in California and Arizona. But when a case demands collaborative law or mediation, you’ll know every option. Moshier Law services all of Phoenix and Scottsdale, Arizona. Jennifer and her team of professionals seek to resolve Family Law cases efficiently with your goals in mind.