Only a small percentage of injury cases make it to a courtroom. Most cases settle before someone files a lawsuit or during the pre-trial period. Avoiding trial means both sides spend less time and money. Settling a case is often the most cost-effective option.
If you have questions about an injury claim or recently suffered an injury due to someone else’s wrongdoing, contact The Wilhite Law Firm. Our personal injury lawyers can help you through the legal process, protect your rights, and fight for compensation on your behalf. Call us today and learn more during a free legal case review with an experienced injury attorney.
Why Do So Few Cases Actually Go to Trial?
Every year, thousands of injured victims file personal injury claims throughout the United States, but very few cases ever make it to trial. Some reasons why you might choose to settle your claim rather than go to court include:
- Cost – Trials are expensive. When you go to trial, you must pay court costs, attorneys’ fees, trial preparation costs, and other litigation expenses.
- Time – Settling a case can happen much more quickly than going to trial. After your attorney files a lawsuit, there are many steps involved in the litigation process. Discovery, the process in which each side shares information with the other side, often takes months. Then, you’re at the mercy of the court calendar. If the judge has no room in their calendar for your case for several months, the entire process could take longer than a year.
- Risk – Settling out of court gives you some say in the outcome. If a judge or jury decides your case, there’s no guarantee that you’ll win. They could find the defendant was not at fault, in which case, you’d get nothing.
- Stress – Going to court could add another layer of anxiety to a situation that has already caused stress in your life.
What Are Some Statistics About Personal Injury Cases?
According to data from the U.S. Department of Justice, of the 26,928 real property, contract, and tort trials in one year, 60 percent were related to personal injury. However, of these injury cases, only four percent went to trial, with the majority settling out of court. The U.S. Department of Justice estimates that personal injury cases broke down as follows:
- 52 percent – Motor vehicle accidents,
- 15 percent – Medical malpractice claims
- 5 percent – Product liability cases
- 28 percent – Other personal injury cases
Is a Settlement Offer Still Valid if I Go to Trial?
You can continue negotiating your case even though you’ve filed a lawsuit. The insurance company has the right to refuse to negotiate, but so do you. If the insurance company made a settlement offer just before you filed a lawsuit, that offer may no longer be valid. If you want to re-enter negotiations, your lawyer must talk with the insurance company and present a new settlement demand. You can continue to negotiate right up until the judge or jury makes their determination.
What Is the Average Time to Settle a Personal Injury Case?
There is no “average time it takes to settle a personal injury case” because all cases are different. The length of time it takes to settle depends on several factors, including:
- How soon the injured person reaches maximum medical improvement
- Circumstances surrounding the accident
- Amount of insurance coverage available
- Severity of the injuries
- Complexity of the case
If the fault is clear and injuries are minor, a settlement could be reached in a few months. However, other personal injury cases settle within a year or two.
Are There Alternatives to Going to Trial?
Trying a case in court is costly and time-consuming, so you might wish to explore other options before deciding whether to go to court. Alternatives to trial in a personal injury case include:
- Negotiation – Many personal injury cases are resolved through negotiations with the at-fault party or their insurer. The parties may agree to a fair settlement without going to trial, especially when they have skilled lawyers involved in the process.
- Mediation – Mediation involves bringing in a neutral third party who helps both sides reach an agreement. Mediation is beneficial if the parties involved cannot reach an agreement on their own.
- Arbitration – Arbitration is like mediation in that it involves bringing in a neutral third party, but in arbitration, the neutral party is empowered to make a binding decision on the case. Arbitration may be helpful when both parties have reached an impasse and cannot agree or when they are contractually obligated to resolve issues through arbitration.
Can My Settlement Amount Be Affected If I Was Partly to Blame for the Accident?
Colorado and Texas use a modified comparative negligence system when assessing blame in an accident. That means that even if you are partially at fault for an accident, you may still recover compensation from the other party involved, but your compensation will be reduced in proportion to your share of liability. Additionally, if you are 50 percent or more at fault in Colorado or 51 percent or more at fault in Texas, you will be unable to obtain any compensation.
How Long Do I Have to File a Personal Injury Lawsuit?
For most personal injury cases, the statute of limitations sets a two-year time limit for filing a personal injury lawsuit in Texas and Colorado. However, in Colorado, the statutory period is three years if you were injured by a negligent driver in a motor vehicle accident. Under the statute of limitations, you lose the right to sue the at-fault party for compensation if you do not file your claim within the specified time.
Contact Our Personal Injury Lawyers
If you suffered an injury due to the negligence of another person, business, or entity, seek help from a qualified personal injury lawyer. At The Wilhite Law Firm, we understand the complexities and challenges of navigating the legal system after an unexpected injury. Our team of experienced personal injury attorneys has decades of experience representing clients in various personal injury cases, including car accidents, slip, and fall accidents, product liability cases, and more. Contact us today for a free consultation and learn how we can help you pursue the compensation you deserve.
