Personal injury cases can be confusing to individuals involved in the case. Settling a personal injury case is the preferred outcome and offers more room for compromise. Here’s what to know about the benefits of settling a personal injury case.
The vast majority of personal injury cases settle before going to trial, and for good reason. Settling a personal injury case before trial is less expensive, offers more control over the outcome, and takes place in private. However, in some cases, a settlement can offer less monetary compensation than litigation; settlement decisions are final.
Percentage of Cases that Settle Before Trial
Approximately 80% to 92% of all personal injury cases settle before trial. Settling a personal injury case is the most common and preferred outcome.
Pros of Settling a Case Before Trial
1. Settlement is Less Expensive
The process of mediation to reach a settlement in a personal injury case is far less expensive and time-consuming than going to court. Attorney fees are costly and add up over time during the lengthy litigation process. Additional fees such as travel, time off from work, and various court costs all add to the sum total of litigation.
Cases that settle are far less expensive. Fewer billed hours for attorneys, less time lost from work, and little travel costs all decrease the total costs of settling a case.
2. Control Over the Outcome
Settlement requires compromise from both parties, which allows each party to control the outcome of the settlement. Each party has the power to make their own demands and compromises throughout the settlement process rather than a jury making the decisions for them. The two settling parties are the primary drivers behind the settlement and exercise a considerable amount of influence over the final decisions.
Settlement happens completely in private. The only people involved in the settlement process are the relevant parties and their respective attorneys. No records are made public and everything is settled privately. The defendant does not need to admit liability and avoids a public declaration of guilt and negligence.
Cons of Settling a Case Before Trial
1. May Receive Less in Rewards
Settling a personal injury case may not produce as large of a monetary reward as litigation. A winning personal injury trial can result in a huge payout for the plaintiff, which would be lost if the case settled before trial. However, such a favorable outcome is never guaranteed and litigation may not always result in a great payout.
2. Decisions Are Final
When two parties sign a settlement agreement for a personal injury case, the decision is final. Since the settlement was handled outside of court, no other legal options for appeal are available. This leaves less flexibility and margin for error during the settlement process.
What are the pros and cons of settling a personal injury case?
The pros of settling a personal injury case include lower costs, greater control over the outcome, and more privacy. The cons of settling a personal injury include potentially losing rewards and less flexibility after the decision.
How often do personal injury cases settle?
A large proportion of personal injury cases settle before trial. Roughly 80-92% of personal injury cases settle before they reach trial, making settlement the most common outcome of personal injury cases.
Would you like to know more about the benefits of settling a personal injury case? If your or a loved one needs help handling/settling a personal injury case, get your free consultation with one of our California Personal Injury Attorneys today! We don’t get paid unless you win.