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Reasons Why Majority of Personal Injury Cases Settle

If you didn’t already know this, your personal injury lawyer will tell you that most personal injury cases never go to court. They are settled either with a series of arbitration or negotiations. You may be wondering why that is the case. Well, read this article to find out why!

There are two main reasons why most personal injury cases settle (out of court.) Your personal injury lawyer in Alameda, will inform you that there are two reasons why this is the case.

Going to court is risky and uncertain

Your personal injury lawyer knows that filing a lawsuit is a time consuming and expensive process. Also, by the time your case actually makes it to court (this can take up to a year), you may be going bankrupt from lost wages, medical bills, and other expenses related to the personal injury accident. This is compounded by the fact that there is never any guarantee that your case will win in court. Since this is also the case with the defendant, both parties (usually) want to agree on a settlement out of court.

The insurers of both parties want to save money as well. Going to court would be a lot more expensive for them than settling out of court. This is part of the reason why most personal injury cases settle out of court. Also, the amount of money they would pay through a settlement is much less than the amount the courts and judge would order them to pay.

Keep in mind that your personal injury lawyer will tell you the dollar range that your case is probably worth. He or she will inform you that you are most likely to get this amount (or a similar amount) if you settle out of court.

“Home on the range”

Since even the most knowledgeable, experienced, and intelligent personal injury lawyers can’t calculate the exact amount that a personal injury lawsuit is worth, he or she will present you with a range of possible settlement values. Your lawyer will also tell you that he or she can’t predict what the court’s and judge’s exact verdict will be beforehand.

Conversely, the defendant’s insurance company’s lawyer will likely inform the defendant that he or she will likely not win the case in court. The lawyer will then inform him or her what the estimated settlement value is. The defendant will then be advised that his or her best bet would be to settle out of court. Once you and the defendant and your lawyers agree upon a range for the settlement, you’ll settle the case. You’ll receive your settlement check and everyone will be happy.

Sometimes not going to court is in your best interest

Contrary to popular belief, personal injury cases, no matter how strong or valid they may be, don’t always win in court. It is for this reason that your personal injury lawyer will tell you that sometimes not going to court is in your best interest.