Do Most Personal Injury Cases Settle Out of Court?

Personal Injury Cases Settling Out of Court

It is true that most personal injury cases do settle outside of court. In fact, the majority of all cases, whether they’re criminal, civil, probate, or divorce, tend to settle out of court. This is usually because it is beneficial for both sides to avoid risk, time, and additional fees.

With personal injury cases, nearly all cases are settled out of court. This is largely due to the fact that going to court can be very risky. For someone who has been involved in an accident, they have likely already racked up quite a few costs between medical bills and missing work.

Settling out of court can guarantee the claimant receives enough to cover at least some or most of their costs rather than risk losing in court and getting nothing. The possibility of losing out completely in such a desperate situation can leave many claimants willing to settle for almost anything, even if it’s much less than they deserve.

Insurers Prefer Settling Out of Court

For personal injury cases, not only does the claimant usually want to settle out of court to mitigate risk, the insurance companies do as well. While unlikely, a personal injury case could result in what’s called a “runaway” verdict. This is when a verdict, in favor of the claimant, is way out of proportion to the actual damages (medical costs, loss of work, etc..)

For instance, a claimant could be seeking reimbursement for medical bills from a slip and fall case which resulted in a broken arm. If the claimant won the case, a “runaway” verdict could see the claimant receiving a million dollars for a broken arm, as an example. Naturally, insurance companies would want to avoid this outcome, regardless of how unlikely it is, and therefore prefer to settle out of court whenever possible – not to mention, they’re likely to get a great deal out of it due to the claimant’s desperation, as discussed previously.

What is it Really Worth?

With personal injury cases, it can be very difficult to determine what the case will, or even should, settle for in court. Even very experienced attorneys can’t say for sure. This uncertainty is another reason a lot of personal injury cases settle out of court. Usually, a personal injury attorney can give you a range on what you could likely expect a settlement to result in but not a definitive amount. This can help inform you whether the settlement offer is worth accepting.

While it’s usually best for a claimant to settle out of court, it’s important to know if and when to accept a settlement offer. As mentioned previously, individuals involved in a personal injury case tend to be a bit more desperate because they’ve already incurred a lot of costs due to the accident. This can leave them susceptible to low-ball offers that the insurance companies will likely offer at the start – and possibly try to convince you it’s the best and most deserving offer you’ll get.

Get Assistance With Your Personal Injury Case in New Port Richey, Florida

If you have been injured in an accident the best thing that you can do is to reach out to an experienced personal injury attorney who can help you through the process and ensure you get the settlement you deserve.

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