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Why Most Personal Injury Claims Settle Out of Court

Posted on Aug 8, 2017 1:31pm PDT

In New York and throughout the country, when someone is injured because of another’s negligence, the injured party has the right to seek compensation through a personal injury lawsuit. Unfortunately, there is a percentage of people who decide not to file a lawsuit because they don’t want to bother with a trial, or because they don’t want to wait for a trial to conclude to get their money.

If you were recently injured in an accident and the thought of “trial” is holding you back from filing a much-needed and much-deserved personal injury claim, we want you to know something: Over 90% of personal injury claims settle out of court. In fact, many injury lawyers would say that figure is closer to 95%.

Why do so many claims settle out of court? There are valid reasons and believe it or not, settling is beneficial to both sides. Let’s take a look at it from the defendant’s perspective. Settling is a favorable alternative because:

  • Juries are unpredictable
  • It reduces legal costs significantly
  • It can remain private unlike a public trial
  • It receives less public attention

For the plaintiff (injured party), settling is beneficial for the following reasons:

  • Juries are unpredictable
  • There’s no guarantee a jury would award more
  • Plaintiffs get their money much faster
  • Settling drives down legal costs exponentially
  • Trials involve a lot more legal fees, which are deducted from the jury award

Even if a case does go to trial, it’s not uncommon for such cases to settle before the jury reaches a decision. Often, the defendant’s insurance company will propose a “deal” while the jury is in deliberations. As long as the jury has not reached its verdict, the two sides can agree on a settlement.

When Cases Do Go to Trial

Over 90% of personal injury claims settle out of court, but still 5 to 10% of cases do go to trial. How do we know if a case should go to trial? Often, it comes down to the insurance company’s willingness to agree to a fair settlement. If an insurance company has denied a valid claim altogether, or if it’s offered the plaintiff an unconscionably low settlement, a jury trial may be in the plaintiff’s best interests – it happens.

If you were recently injured in an accident but you’re afraid of going to trial, contact our firm to meet with a Long Island personal injury attorney. We can evaluate your case and discuss your options, including a negotiated settlement or a jury trial. Call today to get started!

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