Law

Why Most Personal Injury Cases Settle Out of Court

Contrary to public perception, most personal injury cases never go to trial. Most of these cases are settled out of court and are often settled discreetly. But why is this the case? And can you expect your personal injury case to settle out of court as well?

What It Means to Settle Out of Court

First, what exactly does it mean to settle out of court?

In a personal injury case, multiple parties are in dispute. Typically, a plaintiff accuses a defendant of causing a personal injury and seeks compensatory and other damages from them. Both the plaintiff and the defendant seek the help of legal counsel to help them manage the case, understand their options, and find the best possible path forward.

When a case settles out of court, it means the parties in dispute have come to a mutually amenable agreement without having to go to a trial. This is usually achieved through negotiation, with both parties signing off on an agreement; for example, the defendant may agree to pay a fixed amount to compensate the plaintiff for damages and legal costs.

This avoids the necessity of visiting a courtroom or undergoing a trial.

The Advantages of Settling Out of Court

There are many advantages to settling out of court, for both the plaintiff and the defendant.

· Lower costs. There are tons of increased costs associated with trials. Someone is going to be responsible for paying court fees, lower costs, travel costs, and costs for things like expert witnesses. If you can avoid going to trial, you can keep your costs to a minimum – and both parties are typically incentivized to do this.

· An accelerated timeframe. Going to trial is a long and occasionally challenging endeavor. From initial hearings to ongoing appeals, the legal system could take years to fully resolve your personal injury case. Most defendants want to get things over with as quickly as possible, and most plaintiffs want to get a payout so they can move on with their lives, so again, both parties are incentivized to expedite the timeline. Settling out of court is almost always faster than going to trial.

· Less publicity. Some parties are also incentivized to settle out of court to benefit from less publicity. If the case goes to trial, the details of the case will become public knowledge. If you settle out of court, you can keep things mostly private. Individuals who want to protect their reputation and brands that want to keep things quiet especially benefit from this.

· Less stress. Going to trial is stressful for everyone involved. Very few people actually like being in a courtroom. Settling out of court, therefore, usually means less stress for everyone.

· More control and predictability. When a personal injury case goes to trial, both the defendant and the plaintiff are going to be subject to the decisions of a judge and jury. They have to forfeit control and surrender to the decisions of the court. But in active negotiations, when trying to settle out of court, both parties have more control over the situation – and they benefit from more predictability.

· No need for admission of liability. Defendants are also incentivized to settle because settling doesn’t necessitate admission of liability. You can agree to pay for damages without admitting fault, allowing you to save face or maintain your innocence.

Will Your Case Settle Out of Court?

Does that mean that your personal injury case is going to settle out of court?

That depends on a number of factors, including:

· The complexity of your case. The complexity of your case plays a role in how incentivized each party is to settle out of court. If the case is relatively straightforward, the defendant may not feel like it’s worth arguing. And if the damages are minimal, there’s no reason for either party to go through the stress and hassle of arranging a trial. Also, some cases are so painfully complicated that a trial is the best way to sort them out.

· Your lawyer. Some lawyers are more aggressive than others. One lawyer may advise you to take a relatively low settlement, while another may push you to fight for more in a courtroom.

· Your disposition. Settling is ultimately your decision. If you want to get as much money as possible out of the defendant, going to trial may put you in a favorable position. If you’re more interested in cashing out quickly with as little stress as possible, you may want to avoid a trial, even if it means accepting a lower settlement offer.

· The other party’s disposition. Of course, the other party’s disposition matters too. If they are strongly incentivized to avoid a courtroom, they may be willing to make you a very generous, attractive settlement offer.

Personal injury cases do sometimes go to trial. But it’s rare. If you’ve been personally injured, or if you need guidance in any kind of civil proceeding, it’s important to work with an experienced lawyer who can give you the direction and support you need.