Making A Personal Injury Claim: Will It Settle Or Be A Lawsuit?
Many people who have been in a car, slip and fall or other kind of accident think that if they
make a claim to recover compensation for their injuries and losses, the procedure will involve many court hearings and they will have to go to court. As such,
one of the first things most people who have been in an accident want to know is whether their
personal injury claim will be settled, or whether there will be a lawsuit.
Though no one can know with certainty what will happen in a specific case, it’s
a fact that the vast majority of personal injury claims are settled
out of court. Studies have been done confirming this. One
study, done by the U.S. Department of Justice, found that approximately 80% of
personal injury claims are settled out of court. Another study, published
by the National Center for State Courts, looked at personal injury claims in seven states and
backed up this number, finding over 80% of injury claims (mostly auto accident
and slip and fall claims) were resolved without a trial.
Even though most personal injury claims are settled, a small percentage result in
lawsuits. An insurance company may dispute aspects of a claim, so a lawsuit
becomes necessary to get what the accident victim is legally entitled to receive. Even
if a lawsuit is filed, it’s unlikely there will be a full trial, as cases can
settle at any time. According to both studies mentioned above, only
about 3% of cases actually had a trial (with the plaintiff winning about half
the time).
If you are in an auto, slip and fall or other kind of accident, don't let the fear of going to court stop you from
making a claim. You could be giving up a valid claim that lets you recover
compensation for injuries and losses that you are legally entitled to receive
and that helps you get back to your pre-accident position. Also, if your
personal injury claim is like most others, it will be
resolved without you ever having to go to court.
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