How often do injury cases go to trial?

Personal injury cases are sometimes complex legal matters that result in the negligent or at-fault party paying monetary damages to the injured party. There several ways a personal injury case might be resolved. A personal injury attorney will handle most aspects of the litigation process and work with the client to reach the best possible payout.

The majority of cases end in an out-of-court settlement. This means that the negligent party, or in most cases their insurance company, agrees to pay a specific amount of damages. The amount of damages is never set in stone, and it is something that the attorney will spend most of their time arguing about. Insurance companies, of course, want to pay as little as possible, and will start with an offer far lower than what they are actually willing to pay. A major part of an attorney’s job is to reach the maximum amount of the insurance company is willing to pay. This is a negotiation process that can be quite lengthy.

If an insurance company believes there is a strong possibility that the claim is not valid, or if a settlement cannot be reached, then the case will go to trial. A trial in a personal injury case against an insurance company is very rare. In almost all cases, it is cheaper for the company to reach some kind of settlement in order to avoid trial where they might have to pay not only the damages but also legal fees. A jury will decide the damages awarded if the case goes to trial.


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