How Often Do Personal Injury Cases Or Claims Go To Trial?

Published: August 8, 2022

How many cases of personal injury goes on trial

How Often Do Personal Injury Cases Go To Trial?

Sustaining injuries because of another person’s negligence is a horrible experience. 

You face pain and emotional distress while worrying about medical costs. Moreover, your condition may prevent you from returning to work and earning enough income.

You thus want to file a personal injury case and claim compensation from the at-fault party.

However, you probably hope your case resolves during the pre-trial settlement so that you can quickly receive compensation. Which makes you wonder how many personal injury claims reach lengthy court trials and if you should avoid them or not.

Fortunately, only a small number of personal injury cases reach court. Read on and see if your claim may resolve quickly or if you need to go to trial.

What percentage of personal injury cases go to trial

The US Department of Justice reports only 3% of all personal injury claims to reach court trials.

It’s because of two main reasons: 

  • Plaintiffs don’t want to wait long before receiving their compensation
  • Insurance companies don’t want to waste their resources in lengthy court trials. 

Thus most claims conclude in pre-trial settlements when both parties agree on compensation amounts. Therefore, it’s likely that your claim won’t have to go to court. However, hire a personal injury attorney in Florida to ensure you get your deserved compensation.

Why Insurance Companies Don’t Want to Go on Trials

Court trials for personal injury cases may reach around four to five years to complete. In most cases, insurance companies thus don’t want to go to court as they have to spend significant time, effort, and finances to face a lawsuit.

Moreover, going to court could damage their public reputation as an insurance company. It may prove that they don’t release benefits right away, so people would hesitate about getting their insurance packages.

Insurance companies thus only go to court if it’s a more reasonable option for a case.

When a Personal Injury Case May Reach Trial

While personal injury claims rarely reach court, there’s still a chance that your case won’t resolve in the pre-trial settlement.  These are the usual factors for a personal injury case to reach court trials:

You Claim a Large Compensation Amount

You deserve significant compensation if you sustain severe injuries that require intensive treatment or reduce your quality of life. For example, you got a spinal injury that caused complete paralysis.

The thing is that the insurance provider may be unwilling to pay the significant amount you claim. So, they will bring the case to court and try damaging your claim to reduce the compensation amount.

Your Case has Questionable Points.

The insurance provider may also have valid reasons to refuse a settlement, especially when there are questionable points about the case. Examples are when you cannot prove:

  • The defendant is at fault
  • The exact cause of your injuries
  • The extent of your injury
  • You deserve the amount you claim, like when you can’t show sufficient documents detailing your medical expenses.

You should thus ensure you have sufficient evidence to support your claim to keep it from reaching the court. A Florida personal injury lawyer can help you prepare a strong case.

How to Keep a Personal Injury Case from Going to Court

Keep these points in mind to resolve your claim as soon as possible during the pre-trial settlement:

  • Hire a Florida personal injury lawyer to prepare your claim and represent you in the settlement. They can accurately calculate your deserved compensation and prevent it from decreasing during the negotiation.
  • Collect as much evidence as possible, like photos and videos of the accident scene, witness statements, medical documents, and treatment bills.
  • Seek immediate medical attention and follow the doctor’s prescribed treatments. It proves that you are suffering from your injuries and are paying for treatments and medications.

Moreover, don’t accept cash from the defendant’s insurance provider without your attorney’s approval. This amount will usually be significantly lower than the benefits you deserve. If you accept it now, you will not be able to ask for additional compensation later.

Consult a Personal Injury Attorney in Florida to Resolve Your Claim Immediately

Resolving a personal injury claim during the pre-trial settlement means you will receive the benefits soon enough. That way, you can focus on your recovery without significant financial worries.

It’s thus significant to know that only a few claims reach the court, which means your lawsuit will likely conclude early.

However, it’s still best to ensure you receive your deserved compensation right away. And the best way to do this is by having a personal injury attorney in Florida help you win your case.