Do Personal Injury Cases More Often Go to Court or Settle?

Do Personal Injury Cases More Often Go to Court or Settle?

Do personal injury cases go to court or settle?

The simple answer is that it depends on each individual case. A personal injury case provides you with two options, accepting a settlement or taking your case to trial. While in most cases, a settlement is typically reached before a trial occurs, the best action you can take is to hire an experienced lawyer who can guide your case in the most appropriate direction. The following information reviews the pros and cons of personal injury cases that reach a settlement or are taken to trial.


Depending on the plaintiff’s goals for their lawsuit they may be interested in investing a lengthy amount of time for the result they are seeking. When cases go to court there is no specific timeline given. A trial can lead to an appeals process which can occur over a few months and even years. However, a settlement can lead to a lessened amount of time spent on the lawsuit which can overall reduce total costs owed to the legal team and also less time spent on the case which can result in increased stress and worry.


In correlation to the time spent on the case, the more time spent the more money required. When plaintiffs hire a legal team, they are typically paying an attorney at an hourly rate so the entire process can be significantly more lengthy if it goes to court.


When a trial is seen in court, there is no guarantee on what the result will be. Evidence that is included in the process, inconsistencies that are displayed throughout the trial, and the possibility of evidence being noted as unreliable can all affect the end result. While it may be unfavorable for the plaintiff, it may also be rewarding for the plaintiff to go through a trial that results in much higher damages compared to a settlement.


Another factor to consider during a personal injury case is that everything is kept private until the trial hits the stand. Once a judge and jury are involved in a case many other avenues begin to be explored and a public record will be the end result. In contrast, if parties decide to settle all of the information remains private with only the terms of settlement becoming public knowledge. 


During a trial, a defendant will claim that they are guilty or not guilty or they will officially be declared guilty for the plaintiff’s injuries if they have lost the case. On the contrary, during a settlement process, the defendant does not have to admit liability. While this may not be ideal for the plaintiff who may be seeking the defendant’s guilt it can be beneficial to the defendant who will not inquire about negligence or intentional wrongdoing on public record. 

If you have endured a personal injury and are seeking justice now it’s important you establish yourself with an experienced legal team now. If you are invested in obtaining justice, a personal injury lawyer in Wilkes-Barre, PA, will be motivated to win your case.

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