What percentage of personal injury cases go to trial?

Despite what you might see on TV, very few civil lawsuits end up in a courtroom. A Bureau of Justice Statistics report found that bench and jury trials accounted for an estimated 4% of tort case dispositions in the state-court data it analyzed from 2005. Most cases resolve before trial during negotiations between the opposing sides’ attorneys, mostly because going to trial can be risky. An Orlando personal injury attorney at DWK Law can help you understand where your case may be headed and what your options look like.

Why do most personal injury cases settle out of court?

The vast majority of personal injury cases settle before ever reaching a courtroom. Only a small fraction end up before a judge or jury, and there are good reasons for that.

Cases settle for different reasons. Sometimes the evidence makes fault clear enough that the other side would rather pay than fight. Other times, the injured person carries enough of the blame that a trial could cost more than it’s worth, especially after attorney fees and court costs are factored in.

Under Florida law (Florida Statutes § 768.81), any fault assigned to you can impact your settlement amount or jury award, so a 40% fault assignment generally means you receive 40% less. If you are found more than 50% at fault, you generally cannot recover damages. However, this greater-than-50% bar does not apply to personal injury or wrongful death claims arising from medical negligence.

When does a personal injury case go to trial?

Generally, cases involving substantial harm and damages may be more likely to go to trial. A trial may make more sense if the parties disagree about fault or the value of your losses, the insurance company does not make a fair settlement offer, or your attorney has evidence that the other party acted with gross negligence or caused harm intentionally. In those situations, the potential recovery can justify the additional time and risk of going to court.

For grossly negligent or intentional actions, punitive damages may be available under Florida Statutes § 768.72(2). These damages are intended to punish wrongful conduct and deter similar behavior.

What factors influence whether a case settles or goes to trial?

Generally, certain circumstances can signal that settling out of court is a wiser choice than going to trial. These include:

• You carry a large share of the blame for what happened.
• The insurance company makes a fair settlement offer in a timely manner.
• Your losses are within the insurance policy limits.
• All parties agree to the facts of the case and the fault each side bears.
• Going to court won’t make a big difference in your compensation.

Your personal injury attorney can provide guidance and information on how to reach a solid compromise with the other party, but you ultimately make the final choice. A case that goes to trial can take years to resolve. One that settles during negotiations is often wrapped up in a matter of months, which matters a great deal when you have bills to pay and a life to get back to.

What happens during the pre-trial process in a personal injury case?

When you decide to file a personal injury lawsuit, the pre-trial process follows three stages:

• Pleadings: Your lawyer files a complaint with the appropriate court detailing your claims and demands. The other side files their answer.  
• Discovery: This is when both sides share documents and evidence. They also depose (formally interview) witnesses and experts to obtain additional information. As the details unfold, each side may adjust its strategies and arguments.
• Pre-trial motions: Each attorney can file motions to dismiss the case, exclude certain evidence, or request summary judgment in their client’s favor. They can also request a conference with the judge and other lawyers about the logistics of the case, including setting a court date.

Discovery is often the most active phase of litigation, and it’s a common point where cases resolve. As evidence comes to light, both sides get a clearer picture of what a trial might look like, and that clarity, in either direction, can make a settlement more attractive.

What is the difference between settling and going to trial?

Settling involves negotiating to reach an agreement that resolves the claim, often without an admission of fault. These discussions can take different amounts of time depending on how complicated the situation is and what the evidence shows. If it’s very clear who is at fault, most defendants settle to avoid the time, risk, cost, and public exposure of going to trial.

If you go to trial, your personal injury lawyer must present evidence indicating the other party failed to behave in a reasonable manner. You must also show that their conduct caused your injuries and that you suffered damages as a result.

How do insurance companies decide whether to settle or go to trial?

Insurance companies are focused on limiting what they pay out. Before deciding whether to settle or fight your claim in court, they weigh the cost of a potential verdict against the cost of a settlement and factor in the reputational risk that comes with a public trial. In many cases, making an offer is simply the more cost-effective choice for them.

That calculation doesn’t always work in your favor, though. Insurers may also lowball an early offer, hoping you’ll accept before you fully understand what your case is worth. Having an attorney on your side levels that playing field.

Speak with an Orlando personal injury attorney about your case options

You don’t have to face the uncertainty of a personal injury claim without qualified legal support. At Dellecker, Wilson, King, McKenna, Ruffier & Sos, we are ready to fight for you when you contact us online or call (407) 244-3000 for a free consultation today.