What Percentage of Personal Injury Cases Go to Trial?

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what percentage of personal injury cases go to trial

What Percentage of Personal Injury Cases Go to Trial?

by | Aug 25, 2022 | Personal Injury

Personal injury cases are often made up of a lot of variables, so it’s hard to predict how the case might turn out. Relying on personal opinion is more likely to lead you astray than relying on statistics. Take some time to read this blog article and learn about the nuances of personal injury cases in order to make sure that you’re giving yourself the best chance at winning your case.

What Percentage of Personal Injury Cases Go to Trial?

The Bureau of Justice Statistics says only 2% of civil cases in state courts go to trial. Of those decisions, about 68 percent were decided by juries and 32 percent by bench trials, with the judge who does the trial as the decider. About 54 percent of plaintiffs won in jury trials and 68 percent in bench trials. The average award is around $24,000 to $30,000. 

In addition, in 6.3% of jury trials, plaintiffs are awarded more than $1 million in compensatory and punitive damages while being awarded the median amount of $30,500. This belies the popular tort reform story that civil injury cases are huge money makers for attorneys or plaintiffs. In reality, there are often many challenges to winning an injury lawsuit. Therefore, a skilled, well-prepared, and experienced personal injury lawyer is imperative.

Nevertheless, these figures only represent a small portion of cases that end up in court; with the help of an experienced attorney, most cases can be settled amicably before a lawsuit is even filed.

Frequent Myths That Personal Injury Lawyers Run Into in South Florida

When it comes to personal injury cases and making claims, here are some misconceptions worth mentioning:

  1. If I have insurance, injury lawyers are not necessary

Your insurance companies are not working in your best interests, regardless of how much you pay in premiums. They won’t always agree with a customer or claimant over the appropriate amount of compensation, which might result in low-ball agreements that ultimately don’t benefit the customer.

To guarantee that you receive fair compensation for medical expenses, lost wages, and pain and suffering, an experienced injury lawyer can review the evidence and negotiate a better settlement on your behalf. 

  1. The best way to get a reasonable settlement is to be patient 

Hiring a personal injury lawyer will increase your chances of securing fair compensation. It is competent advice not to accept an insurer’s first offer. An attorney will have experience evaluating your claim and maximizing its value by negotiating with them.

  1. If the settlement I receive turns out to be unethical, I can appeal

You may be asked to sign a document that waives further claims filing. In many cases, that will be the end of it. For this reason, you must always consult a lawyer before approving a settlement in a personal injury case.

Pros & Cons Of Going To Trial

Going to trial has its setbacks but is necessary in some personal injury cases. Here are the pros and cons of going to trial:

  1.  An efficient way to resolve a dispute

Jury trials are very fast and straightforward, which means that both parties can get their case heard as quickly as possible. This is especially helpful if one party is unwilling or unable to negotiate a settlement. This makes jury trials an excellent option for people who need their cases resolved quickly. In most cases, the trial will last only a few hours. In addition, the fact that both parties can get their case aired out in front of a jury helps to ensure that justice is served.

  1. You may get a better settlement offer

Going to trial gives you the chance to gain more compensation than settlements do. This is often true because juries tend to sympathize with people who have been injured and award them more in terms of pain and suffering damages, along with economic damages.

Insurance companies often prefer to make settlements rather than go to court. This is because it’s more costly and time-consuming to go to court than to settle a claim. In addition, the courts can be unpredictable, leading to further expenses.

  1. You’re going to have to wait longer and potentially pay more

Trials take more time to resolve than settlements. Trials can be lengthy and expansive and require extra legal fees for your lawyer. Cases that go to trial incur no upfront fees but cost you more to pay your attorney because their contingency fee basis may be greater than a settlement.

Want To Know More About The Percentage Of Personal Injury Cases That Go To Trial?

If you are involved in a personal injury case, it is crucial to know that not every case will go to trial. Of course, it’s always best to speak with an experienced personal injury lawyer about your particular situation, but if you need some general advice on what percentage of personal injury cases go to trial and how best to prepare for this possibility, contact Pacin Levine at 1-800-247-2727.

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