Many people believe that once they file a personal injury lawsuit, their case will go to trial. However, this is not the case. In fact, the vast majority of personal injury cases settle out of court.
According to the Bureau of Justice Statistics, only about 3% of personal injury cases go to trial. This means that 97% of cases settle out of court.
There are a number of reasons why most personal injury cases settle out of court. One reason is that trials are expensive and time-consuming. Both sides must spend a significant amount of money on attorneys, experts, and other costs. Trials can also take months or even years to complete.
Another reason why most personal injury cases settle out of court is that both sides want to avoid the uncertainty of a trial. Juries are unpredictable, and there is no guarantee that a plaintiff will win their case, even if they have a strong case.
The decision of whether to settle or go to trial is ultimately up to the client. The client’s attorney will advise them on the risks and benefits of both options, but the client has the final say.
If the client decides to settle, their attorney will negotiate with the defendant’s attorney to reach a settlement agreement. The settlement agreement will typically include a payment to the client to compensate them for their injuries and losses.
If the client decides to go to trial, their attorney will prepare for trial and present the client’s case to the jury. If the jury finds in the client’s favor, they will award the client damages to compensate them for their injuries and losses.
There are a number of benefits to settling a personal injury case out of court. One benefit is that the client can receive compensation for their injuries more quickly and efficiently. Trials can take months or even years to complete, and there is no guarantee that the client will win their case.
Another benefit of settling is that the client can avoid the uncertainty of a trial. Juries are unpredictable, and there is no guarantee that the client will receive the full amount of damages that they deserve.
There are also a number of benefits to going to trial. One benefit is that the client has the opportunity to receive the full amount of damages that they deserve. Juries can award large sums of money to plaintiffs who have suffered serious injuries.
Another benefit of going to trial is that the client can hold the defendant accountable for their negligence. If the client wins their case, the defendant will be ordered to pay them damages. This can be a powerful deterrent to negligent behavior in the future.
The decision of whether to settle or go to trial is a personal one. There is no right or wrong answer. It is important to weigh the risks and benefits of both options before making a decision.
If you are unsure of what to do, it is important to consult with an experienced personal injury attorney. An attorney can help you understand your legal rights and options, and can advise you on the best course of action for your case. Contact the personal injury attorneys in Sarasota and Bradenton at Shapiro | Delgado | Hofmann to discuss which option is right for you.
It is important to discuss all of these factors with your attorney before making a decision about whether to settle or go to trial.