Will my personal injury lawsuit go to trial?

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After a steady diet of TV courtroom dramas of all kinds, it can be surprising to learn that only a very small number of personal injury cases go to trial. “Television and Hollywood have done humanity … a great disservice,” complains a writer for thelawdictionary.org. They have “given the US population [expectations] that negotiations occur rather quickly, and trial soon ensues, with the plaintiff winning the big bucks.”


When you hire an experienced personal injury attorney to help you file a claim for your injury, your attorney will do his or her best to recover the damages that you are entitled to through negotiation. Only an estimated four percent to five percent of the personal injury cases in the United States go to trial, however, while the vast majority—about 95 to 96 percent—of personal injury cases are settled pretrial, according to statistics accepted by researchers and experts. Even more surprising, nine out of ten of the personal injury lawsuits that do go to trial end up losing. The statistics are somewhat more encouraging when the case comes before a judge instead of a jury. Interestingly, trial judges generally award higher monetary damages as well.


A further encouragement to settling the case out of court is the amount of time it takes to pursue and resolve a personal injury lawsuit in court. Lengthy delays are part of today’s legal process. It can take a long time to analyze your medical records, especially when the injury was serious. Courts often have a backlog of cases, and it can be difficult to get your case scheduled in your jurisdiction.


According to hg.org, settling out of court is often in the best interests of both parties to avoid the time and expense of a trial. “Whether your particular case goes to court and results in a verdict will depend on the circumstances at hand, such as the defendant’s willingness to pay a fair settlement and your tenacity in seeking maximum compensation even if it means going to trial. You and your attorney can discuss your options ahead of time to determine whether settling out of court or going to trial will be best for you.”


Richard Manger, principal of Manger Law Firm, has extensive experience in litigation and settlements, with a focus on personal injury and workers’ compensation law. We are proud of the strong relationships of loyalty and trust we develop with our clients. We go above and beyond to achieve the best possible outcome in your case. You can contact Richard Manger via email at ram@mangerlaw.com, or by calling (336) 882-2000.


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