What Percentage Of Personal Injury Cases Go To Trial?

Suffering a personal injury can be a challenging experience. As an injury victim, you are dealing with your injury, ongoing medical care, and the financial burdens of not being able to work.

Sadly, you may also be dealing with an insurance company or corporate law firm that is only interested in trying to dismiss or diminish your claim. 

It is easy to understand your frustration and wanting the entire claim process to be over. 

One of the most frequently asked questions that a personal injury attorney is asked is, “How long is the claim process, and is it longer if it goes to trial?”

The answer is a little complex. Injury claims that settle outside of court can be completed anywhere from six to 24 months after the injury.

The length of time will depend on when you reach maximum medical improvement—settling any sooner than when this rating has been reached could significantly reduce your claim.

However, cases that go to trial can take several years to complete after maximum medical improvement has been reached.

Sadly, the insurance companies often have the resources to prolong and drag on these cases to get you to give up.

The good news is that less than five percent of all personal injury claims go to trial. 

Insurance companies understand that they are taking a considerable risk by putting the case up in front of a jury.

Juries tend to side with the injured party and are known to award larger settlements than what was expected.

For this reason, many insurance companies will do whatever it takes to keep from going to trial.

You may ask then, why not push for a trial if there is potential for a larger compensation package. The answer is simple; the court is costly and very time-consuming.

Much of the “extra” compensation that the client would receive is eaten up with court costs and legal fees.

In the end, the injury victim waits a significantly longer time to get the same amount of money.

Related: How long after a car accident can you claim injury in NJ?

The Importance Of Hiring An Experienced Personal Injury Attorney

It is a fact insurance companies are not interested in how much your injury has interrupted your life.

They are not interested in the financial burdens that the injury has caused. They are only interested in one thing – paying out as little as possible on any claim.

It is not unusual for insurance adjusters to undercut the value of any claim. They often “forget” some types of compensation that you are entitled to for your injuries and losses.

Paperwork regarding your case can be “misplaced” or significantly delayed. These are all tactics used to discourage you from following through with your claim.

You have enough to worry about when you are injured. You don’t need to battle the insurance company for a fair compensation claim while you are trying to recover from the accident.

You should not have to feel stressed because you are not sure if they are treating you fairly or following through with their promises.

When you have an experienced personal injury attorney representing your claim, you will have the peace of mind you need during this difficult time.

An experienced attorney will be a skilled negotiator who understands insurance policies and insurers’ obligations to injured parties.

Your attorney will know the actual value of your case based on the facts and will not allow the insurance company to settle for anything less.

Your attorney will also be willing to push your case into a trial if necessary if that means protecting the client’s rights and securing a complete and fair compensation package for them.

Read more: How Long Does It Take To Settle A Personal Injury Claim?