One of the reasons why many people shy away from filing a
personal injury claim after being in an accident caused by another party is that they
do not want to have to deal with the hassle of courtroom litigation. This
is one of the most widespread misconceived notions regarding personal
injury cases. While some injury cases do end up going to trial, these
scenarios are rare. In fact, as many as 90 percent of personal injury
claims are settled through out-of-court negotiations.
While the exact reason why a particular case is settled and not tried will
greatly depend on the specific circumstances, most injury cases are resolved
via settlement for the following reasons:
Risk of Losing: Trials are risky for both sides and are generally only seen as a last
resort. If a plaintiff loses, they will walk away with nothing and will
oftentimes end up owing a substantial amount of legal fees. Conversely,
defendants who lose at trial may be required to pay a higher amount of
damages than initially demanded by the plaintiff.
Costs: Trials cost a considerable amount of money and may sometimes not make
financial sense in relation to the value of the claim. As such, parties
are oftentimes much more inclined to come to a mutual agreement.
Delayed Compensation: Injured plaintiffs are often willing to settle out of court simply because
they need the money quickly to cover their medical expenses, lost income,
or other losses. A lower pre-trial settlement offer is oftentimes more
attractive than a larger jury award if a plaintiff cannot afford to wait.
Potential for Appeal: Settling a case out of court provides closure and involves both parties
entering into a legally binding contract, guaranteeing payment and prohibiting
the injured party from pursuing the matter further. While a person may
win in court, there is always a chance that the losing party may appeal
and potentially reverse the ruling.
Injured? Call Karsman, McKenzie & Hart
If you have been injured at the hands of a negligent party, the
Savannah personal injury attorneys at
Karsman, McKenzie & Hart can provide the powerful counsel you need to secure
maximum financial recovery for your losses. Having recovered millions in
verdicts and settlements on behalf of injured clients, we have what it takes to ensure your best
interests are guarded.
Call us today at (912) 335-4977 to discover your legal options.