People may avoid pursuing a legitimate personal injury claim for a number of different reasons. Some people assume that the stress of going to court will not be worth the payout they might receive if their claim is successful. Others worry that they will seem greedy or petty if they demand financial compensation for lost wages or injuries.
State law allows for personal injury claims because there is nothing petty about demanding personal accountability. The actions of one individual or a business can have dire implications for others, which is why the state mandates insurance in certain scenarios and also allows for litigation related to lost wages, medical expenses and other personal injury losses. Yet, it is important for those who are hesitant to pursue justice that they may not need to go to court in order to receive compensation to which they are rightfully entitled.
Many personal injury claims settle
Far more civil lawsuits settle than go on to court. In federal court, for example, less than 1% of cases go to trial. A large number of personal injury claims fall under the scope of insurance coverage, which means that there will be a business that will potentially negotiate with the plaintiff’s attorney to settle the matter outside of court.
The vast majority of significant personal injury claims do not make it to the civil courtroom because the plaintiff is able to secure a settlement from the defendant or their insurance provider. Only in rare cases where one party denies responsibility entirely or refuses to be reasonable about how much compensation they will provide do personal injuries have to go to court.
Taking a case to court can benefit the plaintiff
Settling is obviously the faster and more private means of resolving a personal injury dispute, but that does not mean that every plaintiff would benefit from settling instead of litigating. The kind of losses someone suffered, the settlement offered and numerous other factors can influence whether or not accepting a settlement is the right choice in a personal injury case.
Reviewing the details of a particular situation when seeking legal guidance and understanding the true financial impact of an incident can help someone to determine whether they should settle or litigate their personal injury claim.