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Thursday, February 20, 2020

Why Most Personal Injury Lawsuits Don't Go To Court

When filing a personal injury lawsuit, many clients tend to envision their day in court. But the reality is that day does not always come. In fact, many personal injury lawsuits do not even make it to a courtroom and here’s a closer look at why that has come to be true.

Control
Insurance companies are usually the ones paying out settlements in a personal injury case. A case that winds up going to court is one that is beyond their control. They will then be forced to abide by the decision of a judge or jury. That completely eliminates control as insurance companies then have no say in what they will pay out.

Bad Press
A case that goes to trial becomes public knowledge. That means that both a defendant and insurance carrier could be scrutinized by the public. That could wind up costing them more than just money.

Costs
A personal injury lawsuit that goes to trial will come with higher costs. When setting up a defense, there may be a need to bring in experts as witnesses, which are not free. There are other fees involved and that could be quite substantial by the time the trial ends. Settling a case means eliminating a lot of costs that come with a trial.

Payouts
It is not always the defendants who opt to settle. Plaintiffs who settle before going to court have the advantage of receiving their payouts sooner rather than later. Personal injury lawsuits that wind up in court could drag on for many months. Those who have been injured are typically eager to receive compensation are not always opposed to settling.

Common Practice
Due to the buildup of court cases, courts are usually in favor of having these disputes settled without litigation. This is why mediation and arbitration services are so frequently used and recommended. Too many cases become an onus for the local court system and that could also prolong what are already extensive wait times.

Value
Experienced personal injury attorneys have a very good idea of what a client will reasonably receive before the case even makes it to court. This will allow them to maneuver through the negotiation process. And when the value of a case is pretty much known by both attorneys, there is a good chance of reaching a settlement. Most times, it’s not worth it for either side to continue the fight in court.