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Why Most Personal Injury Lawsuits
Never Go to Trial

Personal Injury Lawsuit

Thanks to personal injury lawyers, those who have physical or psychological injuries caused by another person, entity, or organization have a chance to claim damages.

Like other litigators, personal injury attorneys gather evidence, interview witnesses, draft pleadings, and so on. They also help clients prepare for trials, but most would like it if cases settled fast.

Now, if you're getting ready for a personal injury lawsuit, you might ask, "Is it better to go to trial or to settle out of court?" Read on to learn why most personal injury cases settle.

Advantages of a Personal Injury Settlement

Settling out of court, on average, takes three to six months. Meanwhile, going to trial takes twice or even thrice as long to finish.

For both the lawyer and the plaintiff, a personal injury case that ends up in a settlement isn't just more efficient. It's also less expensive and not as stressful.

Another benefit to accepting a settlement is you have control of the situation. You can always negotiate for a better offer. If your case goes to trial, whatever the judge or jury decides, your compensation will be it.

Why a Personal Injury Lawsuit Could Go to Trial

Yes, most personal injury cases settle out of court because of the benefits to both plaintiffs and lawyers.

However, some lawsuits end up in a trial, especially for those that deserve more compensation. If your attorney believes your insurer is minimizing your pain and suffering claim, a jury verdict could overturn that.

Winning a trial is also better for some victims because the results equal admission of guilt by the defendants. Keep in mind that even if you get compensated for an injury through a settlement, the other party isn't obligated to admit guilt.

Settlement vs. Trial: A Peek at the Processes Involved

After hiring an attorney, they will start investigating your case. That means they'll review all related documents, videos, witness testimonies, etc.

They will then draft a demand letter to your insurance company, which signals the start of the negotiation. In a few weeks, you should receive an offer from the other party. Should you decide to accept the offer, the last thing you need to do is sign a formal settlement document.

As for trials, your attorney will argue your case to a judge or jury. Now, this process can take months or even years to finish. That's because insurance companies and their lawyers would want to drag out the whole thing for as long as they can. They know victims would like to be compensated as fast as possible to cover medical bills while not working.

Get the Compensation You Deserve

Now that you know why lawyers might steer a personal injury lawsuit towards a settlement, do you think it's better to settle or go to trial?

Before you decide, it's best to hire a qualified personal injury attorney who can look over your case. From there, you both can discuss which is the better path to pursue.

For more legal tips and advice, don't forget to check out our other posts.


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