Will Your Personal Injury Case Go To Trial?
More likely than not, NO. Recent statistics show that 96% of personal injury cases reach a settlement before trial. The real question therefore is why do so many cases settle before trial and what can you do to ensure the best resolution possible to avoid a trial yet still fully recover all of your losses.
To help frame the discussion, let us throw another figure at you. An insurance company lawyer with decades of experience once revealed that defendants (think insurance company) win around 80% of the time when a personal injury case is tried to a jury.
Defense Wins More Often
That is a scary statistic for an injury victim and personal injury lawyers but needs to be analyzed in context. Given our experience, we believe this number is so high because the insurance companies are not trying good personal injury cases. They are taking mainly the bad personal injury cases to trial.
This makes sense. Good personal injury cases are being settled by the insurance company before trial to avoid potentially larger verdicts at trial.
So Will Your Case Be Tried
Again, it is not likely. However, in our opinion, the way to receive the full value of your case is to pursue your case as far as the other side is going to make you go before being willing to offer you a settlement figure that makes sense to take to avoid the cost and risks of trial.
The only way to do that in our opinion is to hire a trial lawyer that is willing to try the case if necessary. If the insurance company knows you are willing to try your case if forced to, it will be more motivated to settle your case before trial.
Our trial philosophy is that you should only try your case if forced to by the insurance company because it will not make a reasonable offer to settle short of trial. You want the offer to be high enough that a lot of risk is placed on you in not accepting it hoping that the jury will award you more.
In order to get a settlement offer that is reasonable, your lawyer needs to prepare every aspect of your case for trial. At the end of the day, only you can decide whether the offer given makes sense to you to take to avoid the costs and risks of trying the case. Therefore, make sure you put your best foot forward during the litigation of your case before trial.