Why Most Personal Injury Claims Settle Out of Court

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!