How Often do Personal Injury Claims go to Trial?
- October 22, 2014
- Personal Injury
Every person has his or her own preconceived idea of what a trial is and how one is carried out. This vision that exists in the mind of the public is largely based on media portrayals that they have seen on television or in the movies. Much of what people pick up from the media in regard to the law is somewhat stylized and crafted to sell the drama. In other words, it is entertainment and in many cases, the content creators take artistic liberty in regard to accuracy.
While this form of entertainment is all fine and good, the inaccurate impression that it creates for the public can often lead our clients to feel some degree of anxiety when it comes to the potential for a personal injury claim that may have to go to trial. As a Dallas personal injury lawyer with years of experience, I understand that there will come times when a trial is necessary, but I also know that clients need not worry so much about this possibility.
The Reality of Personal Injury Trials
The fact of the matter is that the vast majority of personal injury claims never even come close to reaching a trial. When a claim is made, the defense usually wants to settle every bit as much as the plaintiff does. Settlements are reached because they are in the best interest of all of the parties involved. The insurance company may engage in some negotiation and they may employ some stalling tactics, but when all is said and done, most cases are settled for the pre-trial value.
Building a Case for Compensation
When you hire a Dallas injury attorney, the first thing they are going to set about doing is building a solid case. With most claims, this leads to a fairly straightforward picture that demonstrates the liability of the defendant and the costs of the damages. The defense may pick a few points that they feel are in contention, and this causes the back and forth that is a standard part of the negotiation process.
Approximately 95% of all injury claims are resolved by way of settlement and this is due to the hard work and preparation of the personal injury attorney. An experienced attorney will try to build the case so high, that it makes the situation clear to the defense. Insurance companies are practical, when they see a strong case, they settle. Going to court only costs the plaintiff and the defense money and unless the issues involved are particularly complex, they are very like to save the effort and the cost that goes into a trial.
It is understandable that a client would feel nervous about the potential for their claim to go to court. You probably have little to no experience in a courtroom setting and you want things to be resolved as quickly and easily as possible. However, there is little need for this worry. Few cases end up going to trial and if one of our cases does, our clients can rest assured that a Dallas injury lawyer with courtroom experience will be by their side.