Clients frequently ask whether their claim will one day end up in a courtroom, before a judge and jury. Many clients are understandably nervous over that prospect.
If you watch legal shows on TV, you may have the perception that every single claim ends up in the courtroom. However, “fiction is stranger than truth.” In reality, very few claims actually end up going all the way to trial. An oft-cited statistic is that less than five percent of all total claims actually end up in the courtroom.
So what happens to the rest?
How Are Personal Injury Cases Settled Outside of Court?
Cases are resolved by many different means:
(1) settlement: a resolution of a legal case between two disputing parties, reached outside of the courtroom,
(2) discontinuance: a plaintiff simply decides not to prosecute the action any more,
(3) motion practice: a court may grant judgment in favor of one party, as a matter of law, or
(4) trial.
Contrary to what many believe, most cases are actually resolved via settlement. Defense of a lawsuit can potentially involve significant legal expenses. In addition, trials are unpredictable for both parties, so often settlement is the less risky option for all involved.
How Long Does it Usually Take Cases to Be Settled?
While plaintiffs must be concerned of a verdict of “no cause of action,” defendants and insurance carriers are also always worried of the prospect of a “runaway jury” awarding a plaintiff with a significant verdict. As a result, insurance carriers are often interested in resolving a case at a very early stage. Most cases are actually resolved at the very early “claims stage.”
Through negotiations between plaintiff’s counsel and the insurance carrier, claims can often be settled without the need to ever file a formal Summons and Complaint. Even if a lawsuit is formally commenced, settlement negotiations will continue throughout the case, right up to the point of trial.
In addition, because of the cost and the uncertainty of jury trials, more and more parties opt to have their case resolved through “alternative dispute resolution,” with the help of a neutral mediator or arbitrator.
While the exact time frame for settlement differs for each case, it’s helpful to realize that most cases are settled sooner than most predict given that many individuals expect their cases to go to trial.
If I Pursue a Personal Injury Case, Will It Go to Trial?
The short answer to this question is no. If you are concerned with the prospect of going to trial for your personal injury case, rest assured that merely retaining an attorney to negotiate a claim does not mean that your case must one day end up in trial. Ultimately, the decision as to whether to settle or to go to trial is up to you.
At Maynard, O’Connor, Smith & Catalinotto, we recognize your concerns, and strive to resolve your claim as effectively and efficiently as possible. We will guide you through a settlement should you choose to go that route. If a trial is necessary, our attorneys are experienced and courtroom-tested, and are prepared to put your case before a jury to ensure that you receive the compensation that you deserve.
If you are seeking legal counsel, please contact us online or via phone at (800) 721-3553 for a free consultation, to discuss how we can help you.
Looking for additional insight about pursuing a personal injury case? These resources are a helpful place to start:
How Much is My NY Personal Injury Case Worth? – This is a question we’re asked a lot! If you’re weighing your options when it comes to pursuing compensation, this is a must read.
Why You Need a Lawyer After a New York Car Accident – Find out how a personal injury attorney can help you after you’ve been injured in a car accident. If you think having a lawyer on your side is unnecessary, you may want to think again.
How to Choose the Right Personal Injury Lawyer – Choosing the best lawyer for you can make the process of pursuing compensation much more convenient and comfortable. Learn about the traits you should look for in a personal injury attorney.
Editor’s note: This content was original published in 2015 but has been updated as of November 2018.
