In over 90% of personal injury cases, it is observed that they are settled outside of court.
It is because an out-of-court settlement is a cheaper and less time-consuming option. As a result, it is preferred by both sides.
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However, it is not completely impossible for cases to go to trial. The chances of a personal injury case going to court largely depend on the details of the particular case and the plaintiff’s choice.
Instances where cases go to court.
The potential to winning
If the personal injury attorney hired by the respective parties thinks they have a greater chance of winning the case and getting their desired outcome, they take the case to court. They may reject any type of settlement outside the court for the same reason.
Role of Insurance Company
Sometimes, the insurance company from the defendant’s side opts for going to court instead of an out-of-court settlement as they do not wish to set an example for settling that specific type of case.
The exorbitant amount of compensation
Often, the plaintiff’s lawyer seeks compensation that is too high for the defendant’s side. In such instances, they prefer to go for the court’s decision on the case.
Often, the plaintiff demands that the defendant be answerable to the public for the grave misconduct committed by him/her. They believe that an out-of-court settlement is not enough; the defendant must be held in front of the public.
Sufferings of the plaintiff
If the extent of pain and injuries suffered by the plaintiff is too much and the legal attorney hired by them does not manage to negotiate an amount that is enough to make up for all the medical and rehabilitation expenditures incurred by the plaintiff, the case might be taken to court. It is necessary to seek a fair amount of compensation as the accident affects the plaintiff’s ability to work, leading to lost wages. There are several other economic as well as non-economic damages following the accident which need to be compensated for as well.
The probability of a case being taken to court also depends on the likeliness of the jury being in favor of the plaintiff. If the case involves severe unpardonable offenses towards the victim, the judges are expected to offer sympathy, and the plaintiff’s side would most likely go for the option of a court trial. On the contrary, the defendant’s side would try to settle the case outside.