What Percentage of Personal Injury Cases Go to Trial?

  • October 05, 2021
  • Blog

The vast majority of personal injury cases are settled out of court. So, what percentage of personal injury cases go to trial? Approximately 5% of all civil cases proceed to trial. This means that almost all of the personal injury cases in the United States are resolved through settlement negotiations.

A female lawyer with a pen in her hand, writing on a page in a large binder is blurry in the background. In the foreground the top of the binder and papers is seen with a white square block with red % signs on all side on top of it, positing the question, What percentage of personal injury cases go to trial in Philadelphia PA?

Alternative Dispute Resolution

Alternative dispute resolution is also favored by judges and other legal professionals. Mediation and arbitration are the two primary forms of alternative dispute resolution. The attorneys at Mattiacci Law, LLC can help you determine if it would benefit you more to settle your case out of court or take your case to trial.

Many factors are relevant to this decision, and you need to understand that you, as the client, have the final say in all settlement matters. An experienced Philadelphia personal injury lawyer at Mattiacci Law, LLC can help you determine the best course of action to take so you recover a just settlement amount.

It Takes Time to Resolve a Personal Injury Case in Philadelphia

Personal injury cases often take years to resolve because of the discovery process, delaying tactics used by insurance companies, and the fact that personal injury cases are often pushed to the back of trial calendars. It is important for you to retain adequate legal representation, so you understand the consequences of settlement and the likelihood that your case is a good candidate for a jury trial.

Not every case should proceed to a bench trial or jury trial. Court dockets around the country are clogged, and many judicial resources are wasted during frivolous trials. Also, judges do not enjoy overseeing trials related to petty matters or conflicts that could have easily been resolved by the parties through settlement negotiations, mediation, or arbitration.

Trial Results Can Be Unpredictable

It is impossible to predict how any single judge will decide any single case with 100% accuracy. Jury trials are more unpredictable than bench trials because jury trials contain more people and therefore are more susceptible to human error. The appeals process is also convoluted and could make your legal case continue for many years.

However, when a case goes to trial, an injured victim can often put forth a clearer explanation for why that particular plaintiff deserves punitive damages. Punitive damages are intended to punish the defendant and prevent the defendant from continuing some specific form of behavior that is harmful to society as a whole.

Many Different Factors Will Affect Your Legal Claims in PA

Your personal injury claim is unlikely to go to court. You will probably never see the inside of a courtroom during your entire personal injury case. Injured victims and insurance companies will benefit financially when the case is resolved through settlement negotiations.

A skilled and experienced personal injury attorney understands how insurance companies use delaying tactics to deny and dispute claims. The attorneys at Mattiacci Law, LLC can offer you exceptional legal representation that will help you prevent insurance companies from trying to trick you into accepting a settlement that is far below the amount you deserve.

Negotiating With Insurance Companies

The skill of your attorney will help you negotiate with the insurance companies. Many insurance companies have research and development offices that investigate how to reduce the amount they must pay out to plaintiffs in personal injury settlements. A good personal injury attorney will help you put pressure on the insurance companies so that you can settle your case quickly without dealing with the delaying tactics employed by insurance companies.

An insurance company is a major factor during any settlement negotiation process. The insurance companies know what percentage of personal injury cases go to trial and what it can cost them. They do not want to go to trial because it costs them money, time, and resources that they need to use elsewhere. Having an experienced personal injury attorney will help you intimidate the insurance companies and force them to offer a settlement amount that will fully compensate you for the personal injuries you suffered.

The Value of Your Claim and Your Role in the Accident

The value of your claim and your role in the accident are also two important points your personal injury attorney will review with you during a case consultation. If you were not negligent and the other party was responsible for the accident, then you need an attorney to help you gather the evidence and records that will help prove the other party was responsible.

If your claim is high and you were severely injured, then the insurance company may be more aggressive in trying to force you to accept a lower settlement amount. Do not fall into any traps set for you by the insurance companies. You can contact Mattiacci Law, LLC today and begin learning about the best strategies to use during settlement negotiations.

The Pros and Cons of Settlement in Philadelphia

An experienced and knowledgeable personal injury attorney will have years of experience settling cases, and your case will fit into the patterns the attorney has seen before. Settling is beneficial because it gets the case resolved in a timely manner. A trial may last for months or years, but settling a personal injury may happen fast. Your attorney will be able to control what happens during the settlement negotiation process. You do not have to accept everything the insurance company is offering you. You and your attorney can step away from the negotiation table.

However, if you choose to accept a settlement agreement, then you may receive less money than you deserve. Settlements are by their nature compromises, and there is the possibility that you could have received more financial compensation if you had proceeded to trial.

Also, once you reach a settlement agreement, then your case is done. If more information arises in the future regarding that specific case, you cannot begin the negotiation process over again and try to collect additional settlement amounts.

Contact Mattiacci Law, LLC Today to Schedule a Free Consultation

If you're wondering what percentage of personal injury cases go to trial because you have a case, contact us. You can retain exceptional legal representation today by calling Mattiacci Law, LLC. You can reach the Philadelphia office at 215-709-7915. If you want to contact us at our New Jersey office, you can call 856-219-2481.

We look forward to meeting you and discussing the facts of your case during a free case consultation.

Do not rest on your legal rights. Contact Mattiacci Law, LLC today to find out if settlement or trial will be more beneficial to you and your family.

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