Inasmuch as the majority of personal injury lawsuits are settled out of court, it is unlikely that one’s case will go to trial. Insurance companies are in possession of the funds to make payments on claims, and it is less expensive for them to do so than to risk going to trial. It is possible that at trial, a jury that is sympathetic to the plaintiff will render an extremely large award for pain and suffering.
The defendants may also prefer to settle out of court in order to avoid any bad publicity due to their alleged negligent behavior. While settlements are private, trials are public. When drawing up the settlement, the defendant may include a confidentiality agreement to be signed by the plaintiff.
The plaintiff may also find that the settlement is to his or her advantage because one is more likely to realize financial compensation sooner than if one were to go to trial, which can take an inordinate amount of time. Usually, trials do not begin until one year after the claim was first filed. And if there are appeals, there may be extensions that last months or years.
Other Frequently Asked Questions
- Can I Still Work If I Have An Active Personal Injury Case?
- Can the Defense Attorney Get Access to My Social Media Information?
- Is It Expensive To Go To Trial?
- Is There Auto Insurance That Protects The Victim and the Members of His or Her Family If They Are Involved In An Accident With Someone Who Doesn’t Have Insurance?
- What Happens At the Initial Interview With the Client?
- What Is A Lien?
- What is a New Jersey Certified Civil Trial Attorney?
- What Is A No-Fault Insurance State?
- What Is the Difference Between A Certified Civil Trial Attorney and A Non-Certified Civil Attorney?
- What Is The Discovery Period?
- What is the likelihood that my personal injury lawsuit will go to trial?
- What Will Happen If My Case Goes to Trial? What If There Is or Isn’t A Settlement Offer?
- Which Cases Go to Trial? Do Cases Resolve Outside of Court?
- Why Are They Digging Up My Past During Litigation?
- Why Do Personal Injury Cases Take So Long?
- Why Hasn’t My Attorney Returned My Call?