Why Do Most Personal Injury Claims Settle Out of Court?


When you imagine taking legal action against an individual or a company, you probably picture attorneys battling it out across the courtroom. While these are common scenes in movies and TV shows, the reality is a little different. While some personal injury claims do end up going to trial, the vast majority are settled well before they get near a courtroom. To find out why, take a look at some of the benefits associated with settling out of court:

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1. Resolve the Case More Quickly

Taking any case to court can take a considerable amount of time. In fact, complex cases might take years to actually go to trial, particularly if numerous pre-trial hearings are required. If you’re dealing with the aftermath of a car accident, however, you won’t want to wait months or years to obtain compensation. 

Medical bills might be stacking up and your ability to earn a living might have been limited by your injuries, for example. Due to this, many people are eager to resolve the issue as swiftly as possible and settling out of court enables you to do this. 

2. Avoid Lengthy Appeals

If you think getting a case to court takes a long time, just wait until you find out how long an appeal can take! If a case is resolved via a trial, the losing party may have the opportunity to appeal the court’s decision. If so, this might mean that the case needs to be heard again or it could mean that the amount of compensation you were originally awarded is revised. Either way, it can lead to uncertainty and lengthy delays. 

When you settle a claim, however, the two parties are voluntarily coming to an agreement. As a result, there is no need for either side to subsequently appeal. This adds a sense of finality to the situation and gives you peace of mind that the issue is fully resolved. 

3. Accessing Financial Compensation

If you take an injury lawsuit to trial and you win, you’ll be awarded a specific amount of compensation. Although the losing party will be ordered to pay you this sum of money within a certain timeframe, they may not comply with court’s orders. When this happens, the winning party may have to go back to court and take further action to ensure that they actually receive the compensation they’ve been awarded. Of course, this can add further delays and make the situation more stressful than it needs to be. 

Should You Settle Out of Court?

Although there are many benefits associated with settling out of court, this is a decision that only you can make. However, getting advice from a reputable auto accident lawyer will help you to make an informed decision. Furthermore, having a personal injury lawyer acting on your behalf can help to ensure that you obtain a fair settlement following an accident. With help from your legal team, you can determine whether settling out of court or taking your case to trial is the best option for you.