If you’ve been hurt in an accident in Western New York, you likely don’t have to go to court for your personal injury claim. In fact, it’s very unlikely that your personal injury claim will go to trial. While a trial is always possible, most personal injury claims are resolved outside the courtroom. Our seasoned personal injury attorneys are also skilled negotiators who can pursue a fair settlement for you without ever going before a judge.
Most Personal Injury Cases Do Not Go to Trial
The vast majority of personal injury cases do not go to trial. The number of personal injury claims that settle out of court rather than proceeding to litigation is estimated to be around 95 percent. Most parties flat-out do not want to go to trial and will negotiate hard during the settlement phase to avoid having to appear in court.
Though your personal injury case isn’t likely to see the inside of a courtroom, it’s still important to ensure you’re emotionally and strategically prepared to take a case to trial. Even when it’s not in their best interest to proceed to litigation, defendants and large insurance companies often won’t take your claim seriously unless they believe they will be held liable in court. Be ready for anything when filing a personal injury claim.
Reasons Cases Settle Before Trial
Again, most personal injury cases settle before trial. There are many reasons for this.
The Insurance Company Believes the Plaintiff Will Win
Perhaps the most common reason is that the defendant’s insurance company expects the plaintiff to win their personal injury lawsuit. Therefore, the insurer has a choice: offer a settlement to the plaintiff close to what they would likely receive if they win in court, or go to trial and end up paying the plaintiff the same amount or more plus attorneys’ fees. If the insurer doubts the strength of the defendant’s case, it’s often an easy decision to settle out of court.
Negative Publicity
Negative publicity associated with a trial is another reason some cases settle out of court. Trial proceedings are sometimes widely publicized, and defendants may prefer to quietly pay a plaintiff what they’re owed rather than have the case blow up into a major spectacle. This is especially true if the plaintiff has a particularly sympathetic case, such as one involving an injured child, wrongful death, or widespread defective products.
Jury Unpredictability
The unpredictability of a jury trial is another reason many defendants avoid the courtroom. Even when it seems like a case is airtight, a jury can upend expectations, paving the way for a lengthy appeals process involving more money, publicity, and exhaustion for the parties involved. Settling matters between the parties avoids the potential for disaster at trial.
Reasons Personal Injury Cases Go to Trial
Even though personal injury cases proceeding to trial is uncommon, there are cases when it does occur. Opting for a full-fledged trial isn’t limited to one side of a dispute. Both plaintiffs and defendants might demand a trial if they think the benefits outweigh the risks.
Defendant’s Confidence in Winning
If a defendant’s personal injury attorney believes they have a strong case and a high likelihood of winning, they may advise the defendant to push for a trial. This is because, just as a defendant has a lot to lose in the courtroom with a weak case, they also have a lot to gain if their case is strong. A defendant who wins at trial can walk away without paying the plaintiff.
Insurance Company’s Strategic Decisions
Insurance companies might avoid settling to discourage similar future claims. An insurance company admitting fault and paying out a settlement to an injured plaintiff can set a precedent for others demanding similar compensation. An insurer might roll the dice on a jury trial just to test the possibility that the court will find it not liable.
High Demand From Plaintiffs
A trial may be more appealing if the plaintiff’s attorney demands a settlement that the defendant or their insurer considers too high. This can also be a plaintiff’s tactic to force a trial when they believe their case is bulletproof and they could get more money in court than through a settlement.
Desire for Public Accountability
Sometimes, a plaintiff may want a trial simply to hold the defendant publicly accountable for their actions. In these cases, they may want the defendant to publicly admit their wrongdoing and pay damages that deter them from hurting anyone else in the way the plaintiff was hurt. Surviving family members are sometimes highly motivated to seek this kind of public accountability if they lose a loved one in a wrongful death.
Factors Influencing the Decision To Settle or Go to Trial
Many factors can influence the decision to settle or go to trial. For example, suppose the plaintiff suffered severe, long-term injuries. In that case, a defendant may wish to settle to avoid the negative publicity associated with fighting not to pay someone badly hurt.
The plaintiff might go either way. They might want the world to see what was done to them, or they may want to avoid a spectacle and move on with their life.
The plaintiff’s medical expenses, rehabilitation costs, lost wages, and potential future earnings can also impact whether they want to settle or pursue a trial. If the costs are extremely high and the defense lowballs in settlement negotiations, the plaintiff may want to go to court to recover the full compensation they deserve.
However, if a plaintiff needs to get back to work, can’t afford long-term representation, or otherwise needs to move forward quickly with a case, they may want to settle. Their age, family situation, and financial needs might also affect the decision to settle or go to trial.
How Our Trial-Tested Personal Injury Attorneys Can Help
We are committed to providing fully personalized, effective representation to each and every client. Our personal injury lawyers are trial-tested. We know how to build a winning case. In doing so, our legal team will make sure that the defendant/insurance company understands that you are ready to take your case as far as it needs to go to get the financial compensation that you rightfully deserve. By crafting a strong, compelling case, we are best able to help clients obtain full and fair settlement offers.
Contact Our Personal Injury Lawyers Today
At Richmond Vona, LLC, our personal injury attorneys are experienced, result-focused advocates for victims. We will help you maximize your settlement offer or trial verdict. To set up your no fee, no obligation case evaluation, please contact our legal team right away. From our Buffalo law office, we represent injured victims throughout Western New York, including in Erie County, Niagara County, Genesee County, and Monroe County.
