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How Likely Is It That a Personal Injury Case Will Go to Court?

Nobody really wants to go to court, sometimes even if it means getting a pretty big payout. However, many believe that if they file a personal injury suit against a person or a company, it will naturally land them in the courtroom and mean endless months of court dates and lawyer fees. However, the truth is that not every personal injury suit makes it to the courtroom. Sometimes cases are dropped or settled before they even need to go before a judge. In fact, the majority of personal injury cases end outside of court because just like the plaintiff, the defendant and their insurance company don’t want to go to court either.

Why Insurance Companies Want to Avoid Court

It is not just you who would rather not sit in a courtroom, the defendant’s insurance company would rather not as well. Yes, insurance adjusters have many cases to tend to, but their busy schedule isn’t why they want to avoid the courtroom. In reality, the biggest fear of the insurance company that will pay for the damages of your personal injury suit is that they will have to pay too much, and that is something a judge can decide.

If your personal injury case goes to court, the judge looks over all the details, and then decides to give a larger monetary award than what you were asking, then that is a devastating loss for the insurance company. Obviously, this would be in your benefit, but it can be a gamble. Alternatively, the judge can decide to grant nothing or much less than you were asking. This makes a court case a gamble for both sides. It is more preferable to both you and the defendant’s insurance company to find a settlement outside of court that works for both of you.

Strong Case, Strong Negotiation

When you start your personal injury case, your lawyer will be focused on building the strongest case possible. This isn’t actually because they think the case will go to court, but rather, the stronger your case is, the more negotiating power your have. If you were hurt because of some very obvious negligent behavior, that gives you some very powerful negotiation power because obviously if you did take it to court, it wouldn’t be much of a fight.

If you have a very strong case, you might be able to reach a reasonable settlement with the insurance company fairly easily.  Alternatively, if you have a relatively weak case, it could mean some long hours of negotiation. If it is weak enough, sometimes an insurance company will have no problem letting it go to court.

Lawyers Make Settlements More Likely

If you know you have a pretty strong case, you might think it would be better to try and go to court. However, the likelihood that the court will award more than you asking isn’t particularly high. This is why it is better to avoid the hassle and the extra cost of court and lawyer fees by settling.

When you are negotiating, the likelihood of getting a fair settlement goes up dramatically when you have a lawyer at your side. By having a lawyer at your side, not only does it show you are more informed, but it means the insurance company is more likely to bring a fair offer to the table.

Have you been hurt and are considering a personal injury suit? Don’t go it alone. Contact us today to see what the professionals at Rogosheske, Rogosheske & Atkins to do to get you the best possible outcome. Even if your case might not go to court, you still need to make sure the settlement that they offer if fair for your injury.

Disclaimer: The information contained on this page does not constitute an attorney client relationship. Be sure to contact our law office to discuss your case with an attorney.