Some of our clients are surprised to learn we push to settle personal injury cases rather than litigate them.
So do most lawyers. 95% of personal injury cases settle out of court.
Here is why you don’t want to go to trial, despite the big, flashy, headline-making numbers you’ve seen in the news.
#1) Trials are unpredictable.
Unpredictability is the biggest and most important reason why it’s usually a better idea to settle your case out of court.
You could lose at trial, even if you have a routine case with a ton of evidence to back up your side of the story. Judges and juries are fickle. They can misunderstand facts or decide they don’t like a plaintiff or lawyer. According to Bureau of Justice statistics, of the personal injury cases that go to trial, only 50% are successful.
By contrast, a settlement is predictable. Both attorneys have calculated the best-case scenario for the case and the worst. Usually, both aim to get somewhere in the middle.
Sometimes, an insurance company turns unreasonable and won’t offer any fair settlement or agree to one. Those are cases where we have to go to trial. But lawyers on both sides usually treat most standard personal injury cases as a routine business negotiation.
#2) You’ll get your money faster.
When you settle out of court, the entire process of a personal injury case usually takes 12 to 18 months. That time includes the time it takes you to reach maximum medical improvement and the time it takes lawyers on both sides to complete the discovery process.
If you go to trial, the case can take up to 24 months, not counting appeals. Backlogged courts, litigation preparatory time, and other delays contribute to the extra time. If you want to get paid faster, then you want to settle.
#3) The defendant can’t launch an appeal on a settlement.
The hidden secret about headline-grabbing personal injury settlements is this: many plaintiffs don’t receive the reported amount. The defendant quietly appeals, and the new judge lowers the award the plaintiff receives after an even longer wait.
Once both sides have accepted a settlement, the case is closed. Neither side can appeal the amount. This is one reason why it’s also important to avoid accepting the initial “lowball” settlement that insurance companies offer just to get you off their backs.
The settlement you agree to is the settlement you take home, period.
Get Help Today
You must work with the best negotiators to get the best settlement.
The attorneys at Ayre, Lustig, and Sassower all have extensive experience negotiating large, fair settlements on behalf of their clients.
We’re client-centered, compassionate, and effective.
Contact our office to schedule a case review today.
See also:
What is a Lien on a New York Personal Injury Case?
When is it Possible to Receive Punitive Damages for Personal Injury Cases?
