Most personal injury claims settle during insurance negotiations and never see the inside of a courtroom. Even if you must file a lawsuit to pursue compensation, it’s unlikely that you’ll go to court. A San Luis Obispo personal injury lawyer at Ernst Law Group can explain how often these cases actually reach trial and what factors could affect your personal injury claim.
What share of personal injury cases actually go to trial?
TV shows and movies would have you believe that the majority of personal injury cases go to trial for a dramatic showdown. In reality, only a small fraction ever reach a courtroom, and most resolve through a settlement instead.
Why do most personal injury cases settle?
Both plaintiffs and defendants in civil cases prefer settling a case because it’s less expensive and time-consuming than going to trial. Building a case costs money, but taking it all the way through a lawsuit costs a lot more. In addition, settlement negotiations with an insurance company can take as little as a few weeks, whereas a trial can last for years.
Another reason why settlement is more common is that there’s a lot of risk and uncertainty involved in turning your case over to a jury and a judge. When you’re negotiating, it’s just you and your personal injury lawyer against the insurance company or the at-fault party’s attorney. You’re in control, but if the evidence isn’t overwhelming, a jury could make it harder for you to secure full compensation.
When does a personal injury case go to trial?
Although settling is often the fastest and easiest path, there are situations when your personal injury lawyer may advise proceeding to trial. It’s common for these types of personal injury cases to go to trial:
- Cases involving catastrophic injuries, such as amputation, traumatic brain injuries, and permanent disability
- Instances when your medical treatment bills and other losses exceed the insurance policy limits
- Claims for medical malpractice, especially birth injuries, wrong-site surgeries, and missed diagnosis
- Cases with substantial pain and suffering losses, including loss of consortium with a partner, wrongful death, or permanent disability
- Instances when the insurance company operates in bad faith, denies your claim, or delays making an appropriate settlement offer
An experienced California attorney can recognize when to push for more during settlement negotiations and when it’s time to begin the legal process of filing a lawsuit. They’ll keep you updated on their discussions and allow you to make the decision whether to keep talking or take bolder legal action.
Is settling better than going to trial?
The answer to this question is different for every client. Settling is often a faster way to receive the financial relief you need without the time commitment and stress of a trial. But if your case is strong, going to trial could mean recovering more for your damages, and in some situations, punitive damages on top of that.
Under California Civil Code § 3294, you must show by “clear and convincing evidence” that the other party acted with oppression, fraud, or malice, which can include a conscious disregard for the rights or safety of others. Punitive damages aren’t available in every case, and the jury (or the judge in a bench trial) decides whether to award them, both to punish the defendant and to deter similar conduct.
Going to trial may give you a better chance at a larger settlement, but it also risks reducing your compensation if you’re partly at fault or if your case is not strong. Under California Civil Code § 1714, you can still file a claim for damages if you’re 99% to blame, but your fault percentage decreases your award. A 20% finding of fault cuts your settlement by 20%.
Why does having a trial-ready lawyer still matter?
You can handle an insurance claim or lawsuit on your own; it’s called pro se representation. Before you go that route, though, it’s worth thinking about a few things:
- You’re probably in pain and recovering from your injuries, making self-representation stressful.
- You may not have any legal training or experience.
- There are crucial procedures and terms used in court cases that can confuse and overwhelm you.
- Insurance adjusters and opposing attorneys may take advantage of your inexperience.
- You may not know how to negotiate effectively for a fair settlement.
A trial-ready lawyer handles all of that for you, so you can put your energy into getting better. Your attorney will explain how it works when your case goes to trial, manage all pre-trial motions and negotiations, gather and prepare relevant evidence for trial, and represent you during all hearings. You can depend on them up to and beyond your trial date.
Discuss your options with Ernst Law Group
Managing a personal injury case is complicated, especially if you’re in pain and completing your medical treatment. Instead of adding these burdens to your life, partner with an experienced law firm like Ernst Law Group.
Schedule your free consultation with a San Luis Obispo personal injury lawyer: contact us online or call (805) 541-0300.
