WHY DO THE MAJORITY OF PERSONAL INJURY CASES SETTLE?
When most people think of hiring a personal injury attorney to work on their case, they think that their case will take a long time and be very expensive because they will have to work their way through the court system. Generally, this is not the case. In fact, most personal injury cases wind up settling out of court without seeing the inside of a courtroom once. So why do the majority of personal injury cases settle?
For the most part, the reason the majority of personal injury cases settle is due to cost. Filing a lawsuit and pursuing it to trial is an expensive proposition due to the amount of legal work required to prepare and try a case. Since neither the defendant (or the insurance company paying for the legal defense) or the plaintiff want to rack up expensive legal bills, for the most part, all parties involved would rather negotiate a settlement that would resolve the case cheaply. Additionally, the two parties primarily handling a personal injury case, the insurance adjuster and the personal injury attorney, typically know how much a personal injury case is worth in a settlement and can generally reach the amount through negotiation.
Another factor that reduces the amount of personal injury cases going to court is uncertainty. When a case goes to trial, the ultimate decision of who is liable rests in the hands of a jury. Although this is how the legal system was designed to promote fairness, it also mean that prior to the decision being handed down, neither party can accurately gauge which way the decision will be decided. As such, settlement is a more attractive opportunity as opposed to the uncertainty of a trial and a jury.
An even larger factor that causes the majority of personal injury cases to settle is efficiency. Although the legal system provides an opportunity for parties to argue their sides of a case, the process is not the most efficient way of obtaining a positive result. As such, most personal injury attorneys and insurance adjusters realize this and instead, focus their energy in trying to obtain a favorable settlement for all sides. This not only helps the victim of a personal injury accident, but also helps the insurance company manage its bottom line.
If you or someone you know has been involved in a car accident, don’t hesitate to Contact Us at Minick Law for a free consultation with an experienced personal injury attorney about your case. Call now at 828-333-5024.
James Minick is a criminal defense attorney in Asheville, NC and is the owner of Minick Law, P.C.