The majority of personal injury cases are settled without going to court. In fact, data from the Bureau of Justice Statistics shows that only about 3% to 4% of personal injury cases ever reach trial, meaning most are resolved through out-of-court settlements.
This means that both the plaintiff and the defendant’s insurer were able to agree on a settlement that fairly compensates the victim for their damages. In personal injury cases, parties often decide to settle because it is in their best financial interests, as it circumvents the cost and time associated with a trial.
Oftentimes, an insurance carrier will contemplate settling a case due to the possible expenses that are associated with trial and litigation, such as expert witness testimony, court fees, and attorney expenses. Going to trial also exposes both parties to a greater risk of an uncertain outcome compared to settling out of court, where both sides have the opportunity to negotiate terms that are less volatile and mutually agreeable. In other words, most personal injury cases are settled because the process is typically faster and more cost-effective than taking the case to trial.
There are some personal injury claims, however, that will go to court because of disputes between the involved parties or because the defendant does not feel that they should be financially liable for the plaintiff’s damages. Personal injury trials are a far more perilous option, since the outcome of the case now rests in the hands of a jury or judge.
If you are seeking reliable, professional legal representation to assist you with your claim, the Virginia Beach personal injury lawyers at Shapiro, Washburn & Sharp are ready to offer you the support and skilled legal guidance you need. Our attorneys have more than a century of combined experience and specialize in representing victims who have experienced injuries due to the wrongful or negligent acts of another. Call us today to schedule your free legal consultation. We can help get you the justice and the financial compensation you deserve.
Why Do Some Personal Injury Cases End Up in Court?
Whether or not a personal injury case ends up in court will hinge on the specific facts and circumstances of the case. Some of the most common reasons that cases go to trial are:
Failed Negotiations
Although many personal injury cases settle outside of court, some proceed to trial when the parties cannot reach an agreement. In the absence of compromise, the greater force prevails, often leaving the final decision in the hands of a judge or jury.
Liability Disputes
When fault or liability is in dispute, a trial may be necessary to allow both sides to give evidence and assert their position on who should, or should not, be held legally accountable. The judge or jury will then decide which party was at fault and what damages, if any, will be awarded.
Unfair Offers From the Insurer
In some instances, the insurer might make an inadequate or unfair settlement offer to “cover” your damages. If the plaintiff feels that they are entitled to more financial compensation than what is on offer, they will need to go to court to obtain legal redress.
The Pros and Cons of Going to Trial
The pros include:
- A jury or judge will be responsible for determining who is responsible for causing the victim’s injury and how much damages should be paid out.
- The potential to be awarded more financial compensation than what was offered in the settlement negotiations.
- The plaintiff is able to pursue justice and be made whole
The cons include:
- Trials are often time-consuming and expensive
- Testifying in front of a jury or a judge is a stressful and overwhelming experience for a lot of people
- A personal injury trial can yield less compensation than what was proposed during settlement negotiations
Partnering with an experienced Virginia Beach personal injury lawyer is vital to ensuring that settlement negotiations are handled fairly. At Shapiro, Washburn & Sharp, our team of skilled lawyers is here to help you understand the potential outcomes of your case and help determine whether pursuing a trial is the best option for your unique situation.
How Much Does It Cost to Take a Case to Court?
How much it costs to take your case to court varies based on the circumstances and facts of your accident. By and large, most personal injury law firms will front litigation expenses, including the cost of paying expert witnesses, the expense of obtaining official medical records, and filing fees while your case is pending. If you collect a settlement or your case is resolved in your favor, you will then be expected to reimburse the law firm for the money it spent on your behalf in order to litigate your case.
Altogether, taking your personal injury case to court can be a costly and lengthy process. Unfortunately, it might also be the only legal method through which you can receive an equitable settlement should negotiations fail or the other party decline your offer. In personal injury cases, it is essential to work with an experienced Virginia Beach personal injury lawyer from Shapiro, Washburn & Sharp who can guide you toward the most effective course of action and represent you in court if your case goes to trial.
Shapiro, Washburn & Sharp
At Shapiro, Washburn & Sharp, our Virginia Beach personal injury lawyers have been fighting for fair financial compensation for their clients since 1985, even if that means taking cases to trial. That’s exactly what happened in one recent case when our client won a $650,000 jury verdict after the insurance carrier refused to settle her claim fairly, despite her being seriously injured by a farm vehicle towing a water tank.
If you or a loved one has been injured in a negligence-based accident and want to schedule a free case review with a skilled attorney, call us at (833) 997-1774 or fill out the contact form on our website. We have offices in Virginia Beach, Hampton, Norfolk, and Portsmouth.
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Andrew Stover limits his law practice exclusively to personal injury law. Andrew is a member of the American Association for Justice, the Virginia Trial Lawyers Association, and the Virginia Beach Bar Association.
