How Often Do Injury Cases Go to Trial?

Posted on February 9, 2015 at 12:00pm by

Public speaking is consistently ranked as one of the most common fears facing Americans, often outranking death. We worry about how others perceive us, and the idea of saying something stupid in front of large groups is, for some people, paralyzing. Photo of digital image

This fear translates to those who balk at the idea of filing a lawsuit. Trials are understandably intimidating for people who have never seen the inside of a courtroom before, and the idea of telling a story in front of many people, and facing intense scrutiny from a vicious defense attorney, does nothing to lessen this anxiety. However, the truth is that lawsuits, particularly personal injury lawsuits, rarely go to trial.

Will My Injury Case Settle?

According to the US Department of Justice, between 95 and 96 percent of personal injury lawsuits end in a settlement before a trial begins. Trials can be expensive and time consuming for all parties involved, and most of the time they can reach an amicable decision before the trial begins.

The accused party wants to downplay any negative publicity, and a verdict against them could harm their reputation and goodwill. Typically, injury attorneys who represent the injured will only push for a trial if the accused party refuses to offer a fair settlement that truly compensates for the harm and losses suffered by the victim.

One recent injury case that we have blogged about that reached a pre-trial settlement involves Tracy Morgan, a comedian who sustained a major brain injury in a truck accident. He was riding in his limo when a collision occurred between the vehicle and a Walmart truck.

His writing partner James McNair died in the accident, and McNair’s family brought a wrongful death suit against Walmart for damages. The truck driver is currently facing criminal charges for negligence.

McNair’s family and Walmart agreed to a settlement in mid-January. This is the first settlement to be reached in the accident. McNair’s family members say they are satisfied with the terms of the settlement, which were kept confidential. Walmart is working to reach a settlement with the other victims of the crash.

Speaking to an Attorney About an Injury Case

Keep in mind, our attorneys offer compassionate and caring counsel when it comes to complex cases involving medical malpractice, defective products, truck, bus and car accidents and casino negligence, among other areas.

It is important that you work with a knowledgeable attorney in any injury case, as it is not uncommon for a party to offer a settlement amount that is not in your best interest—an attorney can advise you as to what you can expect.

For more information, visit our verdicts and settlement page.

Donald G. Targan & Associates – Atlantic City Injury Attorneys


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