The details of a specific case determine whether or not the case goes to trial or settles before court proceedings initiate. Most cases, up to 95 percent, don’t go to trial. A majority of personal injury cases are settled during one of the pre-trial stages.
Both avenues have associated advantages and weaknesses. At times, you may end up winning more at a trial compared to what the defendant’s insurer offered you as a pre-trial settlement. However, there is also a possibility that you could lose at trial and get nothing or receive a verdict for less than the pre-trial settlement offer you got from the defendant. When it comes to trials, nothing is certain. Therefore, both sides involved tend to avoid this avenue whenever possible.
Reasons Your Personal Injury Claim May Settle Before Trial
- If the insurance company of the defendant is reasonably certain that your personal injury case will be successful at trial, they may decide to settle beforehand and avoid having to bear lawyer’s fees and court costs
- Your attorney is requesting a settlement that is small enough that it will be less expensive to simply settle rather than spend the time and money on a trial
- The defendant’s insurer is offering a fair settlement and comparable to what you would win at trial
- Your settlement offer is at or near the liability limits of the defendant’s available insurance coverage.
Reasons your Personal Injury Case May go to Trial
- The insurance company of the defendant believes that they will win the lawsuit, and thus, they offer a low or no settlement
- The insurer does not want to set a precedent for settling your type of personal injury claim
- The money your lawyer is requesting is too much for the defendant to settle without fighting the claim
- On the grounds of principle or public good, it is vital for a company or individual to be held liable for injuries caused due to their negligence or reckless actions.
Is Your Lawyer Willing to Fight for Your Rights?
Every attorney is not a seasoned trial lawyer. Some vehicle accident lawyers or personal injury attorneys only take cases they are sure they can settle without going to trial. This can be disadvantageous for their clients as the insurance company could be aware of your lawyer’s reputation for avoiding trials. If they are, the insurer may be able to negotiate your lawyer down further than they would normally be able to when going to trial is an option for the plaintiff.
Why is it Preferable to avoid a Trial rather than Get a Judge or Jury Verdict?
Various reasons make it preferable for both parties to settle before a trial. The parties involved can reduce their legal fees and court costs while the lawyers handling the claim can close out the case fast and move on to the next.
The inherent nature of trials is uncertain, and neither party can be assured of a win. In such circumstances, they may accept a certain pre-trial settlement offer, even if it is less than what they expected for their losses.
Remember, a settlement offer is usually worth more due to the time, costs, and unpredictability associated with a trial. For instance, your lawsuit may win a $600,000 verdict at trial. But your lawyers may need to spend a significant sum to engage expert witnesses and crash reconstruction specialists to testify at trial on your behalf. In addition, they may need to devote hundreds of hours to your lawsuit to prepare for trial.
In a situation like this, if the liable party’s insurance company offered a $450,000 pre-trial settlement during negotiations, it might be advisable to take it as you would probably come very close to breaking even.
What Elements Influence a Settlement Offer or a Decision to Reject a Settlement and Go to Trial?
- Degree of injuries sustained
- Medical treatment expenses
- Future medical costs
- The income and earning capacity of the client
- Lost income, property damage, or other losses
- Age and family circumstances of the client
- Jurisdiction, precedence, and community protocols
A personal injury trial lawyer who has negotiated countless settlements and taken many cases through trial to verdict should be able to determine the total damages and assess their client and their client’s story to arrive at a ballpark approximation of what the case should be worth.
If an attorney feels that their client might alienate the judge or jurors, they may settle below what they normally would to avoid possible loss at trial. Conversely, a lawyer handling a drunk driving injury case in a jurisdiction where DUI is a serious matter, and there is significant community indignation, they may be able to settle for a larger amount than they normally would.
Every case is unique. On top of this, a personal injury attorney needs to know the intricate details of your case to offer you a somewhat reasonable estimate of what your case is worth.
Experienced Personal Injury Attorneys Can Help You Collect Maximum Compensation
At Smith Law Firm, our skilled personal injury attorneys will plan for an eventual trial. However, we will do all that we can to help you collect the settlement that you deserve more expeditiously. We understand how to build your case evidence so that most insurers and defendants are willing to settle out of court rather than go to trial.
If you are considering filing a personal injury claim, consult our personal injury lawyers as soon as possible. To schedule a case review, call today at (334) 702-1744. We only get paid when you win!