If you’ve been injured by the negligence of another person, you have the right to sue for damages and losses. An injury victim may feel nervous about having to attend a trial. But many are surprised to learn that most personal injury cases never make it to trial. The vast majority of cases are settled beforehand. Nevertheless, no one can predict whether a particular claim will go to trial. The likelihood of settlement or trial depends on several factors.

Why Most Cases Settle Before a Trial

  • Chance of success: If the negligent party is more likely to lose at trial, settlement will be achieved. Early settlement avoids incurring attorneys’ fees and litigation costs. Your attorney may also prefer to settle early since there is no guarantee that a jury will decide in your favor.
  • Reasonable settlement request: Many people and businesses have insurance coverage to cover injuries and damages resulting from accidents. Insurance companies will consider reasonable settlement offers and try to settle claims when possible.
  • The court would rather you settle: The legal system encourages parties to settle their claims amicably. The courts have settlement procedures that provide the parties with opportunities to settle the case prior to going to trial.

Why Some Cases Go to Trial

  • Chance of success: The negligent party disputes fault or the amount of damages being claimed. The negligent party believes that you will lose at trial. Or rather than pay the claim, the negligent party prefers to have a judge or jury decide the case.
  • Claim delay or avoidance: A negligent party may try to delay a substantial payment or avoid payment altogether hoping you will abandon the claim over time or prior to trial.
  • Unreasonable settlement offer: Insurance companies will usually reject unreasonable settlement offers. Insurance companies are careful not to overpay claims or develop a reputation for quickly paying overvalued claims. Insurance companies prefer to pay attorneys the legal costs to defend claims and have the case decided at trial.

If you’ve been injured by negligence and are considering filing a personal injury claim, get professional advice from Izzy Yetnikoff, the principal attorney at Yetnikoff Law Offices, PLLC. Call us today at 800-279-6331 for more information or visit us online.