What percentage of personal injury cases go to trial? The percentage of personal injury cases that go to trial is very low, typically between 3% and 5%. The vast majority of personal injury cases are settled out of court through settlements or dismissed for some reason.
It is important to know that, even though a very small portion go to court, there is always the chance that your case will result in the need to seek a judge’s or jury’s opinion on the case.
Consider factors that contribute to a case going to court, and what you can do to improve your chances of a positive outcome in your favor, with the help of a Charlottesville personal injury lawyer.
The Process of a Personal Injury Case Going to Trial
Numerous steps lead up to the point of going to trial, as it is not one of the first steps to recovering compensation after your injury. The initial phases of a personal injury claim involve investigating, determining fault, determining the extent of the loss, and then filing a claim against the at-fault party for those losses. That claim, sent to the party’s insurance company, is then analyzed by the insurance adjuster before a decision occurs.
In most cases, there is some negotiation at this point, during which both parties may need to provide evidence or clarification. Your personal injury attorney will work diligently to reduce any loss of compensation in your case, but this process can take some time. In most cases, the insurance company agrees to settle the case out of court. This settlement then ends the personal injury case.
In situations where the insurance company refuses to pay fairly, your attorney may elect to file a lawsuit against the at-fault party in court. This action does not always lead to a trial yet, as there is a discovery and questioning period during which the insurance company engages. Many times, they settle at that point. Only in about 3% to 5% of cases will you get in front of a judge or jury for a resolution.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
Why Some Personal Injury Cases Go to Trial
Ultimately, personal injury cases go to trial because there is a disagreement about some element of the case. Typically, insurance companies prefer to settle out of court because it is less expensive, faster, and carries less risk of reputational harm for their policyholders. However, according to a study on personal injury cases by the US Department of Justice, 3% to 5% of cases go to trial annually.
Examples may include:
- Beliefs that you are at fault for the accident, or there are disputes in the role you had in your case
- Lack of evidence showing the policyholder was to blame for any part of the accident
- There is a dispute over your injuries or claims that you have pre-existing injuries
- Disputes over the recovery of specific damages, such as those related to pain and suffering
- Lack of evidence to demonstrate negligence against all named parties
In most situations, the insurance company will refrain from going to court in most cases. That means that if they do go to court, it is because they believe they have a strong case and will win if it goes to trial. That can occur for many reasons, but it is a warning sign that the insurance company believes errors exist in your claim.
How Long Does a Personal Injury Lawsuit Take?
If your case goes to trial, you can expect the legal process to range from six months to two years. There are a vast number of factors that play a role in how long it will take to settle your case. This includes the entire process involved, from your healing to proving losses to negotiations.
Most personal injury lawsuits that make it to trial also face delays from the courts. You have to wait your turn in the system and then meet all court-set requirements for mediation and discovery. This can also extend the timeframe.
When medical experts are needed, disputes over fault, delays due to court limitations, or the implications of moving the case to another courtroom can lengthen the process. While it may take longer, if you are not receiving what your attorney believes to be a fair settlement in your case, it can be worth going to trial.
Let your attorney guide you in making the best decisions about settling or going to trial. Be sure that you take action within the two-year statute of limitations applicable to many personal injury cases.
Some Types of Cases May Be More Likely to Go to Trial
Victims of personal injuries may just want to focus on recovering from their injuries and moving forward with their lives. That is rarely easy to do when you have so many limitations to overcome. Some personal injury cases may take longer and end up going to trial. Examples include:
- Any type of case with serious injuries and catastrophic losses, including permanent disability, loss of vision, loss of hearing, or significant disfigurement
- Cases involving multiple defendants, including those who have employers or third parties that are also at fault
- Cases involving criminal actions, especially if your ability to build a case depends on proving the other party is at fault
- There are complex legal issues involved in your case, including the need for expert testimony or clarifications on rights and the laws of the parties involved
Some personal injury cases most likely to go to trial include medical malpractice, fatal car accidents, truck accidents involving multiple at-fault parties, and product liability cases with significant losses. In situations where there is insufficient evidence, going to trial can take even longer. For all of these reasons, victims need to act quickly.
Speed Up Your Results By Hiring an Attorney
Hiring a personal injury attorney can help avoid mistakes and increase victims’ negotiating ability. If you are facing serious injuries and losses and the insurance company is not treating you fairly, hire a personal injury lawyer to handle your case for you.
Call MartinWren, P.C., today to schedule a free consultation with a Charlottesville personal injury attorney.
Call (434) 817-3100 or complete a Case Evaluation form