Only four to five percent of total personal injury cases actually go to trial in the US while all others are settled out of court. These are the official statistics regarding personal injury cases provided by the US government. Moreover, almost 90% of the cases that go to trial don't end positively for the plaintiffs. Usually, the cases that go in front of a judge are in favor of plaintiff while most cases that go in front of a jury end up losing.
So is it wise for you to take your personal injury case to court or should you settle pre-trial too? There are a lot of factors that need to be considered before this decision can be made. The first thing you should determine is whether your case is valid or not. If you think that your own negligence was a part of causing the accident to some extent, try settling out of court. The worth of your claim is also an important consideration. If you are not expecting to get a settlement big enough to cover the hefty costs of trials, again you can consider pre-trial settlement.
The biggest factor that stops people from going to trial is the risk of losing. When they settle out of court, they at least get some part of the settlement amount but if they go to trial and lose, they won't be getting anything after incurring so many legal expenses. Moreover, personal injury cases take a lot of time to settle because the investigation procedure for these cases is quite slow. For someone who has just got seriously injured, these procedures get too risky and tiring and they often prefer to settle out of court.
However, even if you have decided to settle out of court, you should never tell that to the other party since the threat of going to trial is the biggest leverage you have against them. If they realize you are not planning to go to trial, they would take advantage by offering you a much lower settlement amount than what you should actually get, even when settling out of court. If you actually go to trial and win, you will get a much larger settlement than what you will get on settling out of court.
If financial restrictions are the only reason keeping you away from going to trial for your personal injury case, you can consider getting a lawsuit loan from a litigation funding firm. These loans are provided to people going through personal injury settlement lawsuits so that they can get financial support until they get the money from their settlement. On winning the case and getting the settlement, these loans can be returned, but if you lose the case and don't get the settlement, you won't owe the funding companies.
So now it is up to you to decide whether you want to go to trial or not. Analyze the risk of losing the trial carefully before you make a decision. But, of course, you will be needing a lawyer's help to have him walk you through the process of your case. Contact The LA Law Firm today!
The LA Law Firm is located in Down Town Los Angeles, if you or someone you love has been affected by a car accident, product defect medical negligence or even a fall, call (866)383-1462 and schedule your free consultation.