Posted By Karsman, McKenzie & Hart || 25-Oct-2016
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.