The short answer is: maybe. Whether or not you need to go to court for your personal injury claim is dependent on a variety of factors unique to your case. With that being said, the vast majority of personal injury cases are settled outside of court.
Taking personal injury cases to trial is rarely advantageous for anyone involved. Contact our personal injury attorneys today for a free case review, and we’ll be able to provide professional guidance for your unique case.
What Percentage of Personal Injury Cases Go To Trial?
Personal injury cases rarely go to court, as the vast majority of them are settled through negotiation. The general consensus is that only about 5% of personal injury cases end up going to trial (according to studies from the DOJ, American Bar Association, and more).
What Makes a Personal Injury Claim Go To Court?
There are many reasons a personal injury claim may go to court, most of which come after negotiations outside of court have failed. Here are the most common causes:
1. Disputed Liability
If the parties cannot agree on who is at fault for the injury, the case may go to court. The plaintiff must prove that the defendant’s negligence caused their injury, and if the defendant disputes this, a trial may be necessary to resolve the issue.
2. Disagreement on Damages
Even if liability is not disputed, the parties may disagree on the amount of compensation that should be paid. The plaintiff may seek more in damages than the defendant or their insurer is willing to pay, leading to a trial.
3. Insufficient Settlement Offers
If the plaintiff believes the settlement offer from the defendant or their insurance company is too low, they may decide to take the case to court in hopes of receiving a higher award.
4. Complex Cases
Some personal injury cases involve complex issues of fact or law that are difficult to resolve through negotiation or mediation. These cases may require a judge or jury to examine the evidence and make a determination.
5. Lack of Negotiation
In some cases, the parties may not be able to negotiate effectively, or one party may be unwilling to settle. This lack of cooperation can result in the case going to trial.
6. Desire for Public Resolution
Sometimes, the plaintiff may want a public resolution to their case, especially if it involves a matter of public interest or if they seek to set a legal precedent.
7. Bad Faith by Insurance Companies
If an insurance company acts in bad faith, such as by unfairly denying a valid claim or failing to conduct a reasonable investigation, the plaintiff may decide to take the case to court.
8. Legal Strategy
Attorneys might advise going to trial if they believe that a court is likely to award a significantly higher amount than what is being offered in settlement, or if they believe the case is strong enough to win.
9. Statute of Limitations
If the statute of limitations is approaching and a settlement has not been reached, the plaintiff may file a lawsuit to preserve their right to seek compensation through the court system.
Is It Better To Go To Court or Settle Outside of Court?
The short answer is: it depends. Whether it’s better to go to court or settle outside of court for a personal injury claim depends on the case’s unique details. Here are some pros and cons for both options to help determine the best course of action.
| Settling Outside of Court | |
| Pros | Cons |
| Certainty Time & Cost Stress Reduction PrivacyControl | Potentially Lower Compensation No Legal Precedent |
| Going to Court | |
| Pros | Cons |
| Potential for Higher Compensation Public Vindication Legal Precedent | Uncertainty Time-Consuming Higher Costs Stress & Inconvenience Public Exposure |
Factors to Consider
A good way to think about the two options is that going to court usually represents a higher-risk, higher-reward option, while settling outside of court tends to be a lower-risk, more certain option.
With this in mind, it’s important to consider the following factors:
- Strength of Your Case: If the evidence strongly supports your claims, going to trial might be advantageous. Conversely, if your case is weak, settlement may be the safer option.
- Settlement Offer: If the settlement offer is fair and reasonable, it might be preferable to accept it rather than risk a trial.
- Personal Circumstances: Your financial situation, health, and personal stress levels are all important considerations when deciding to settle or go to court.
- Legal Advice: Consulting with an experienced personal injury attorney can provide valuable insights into the best course of action based on the specifics of your case.
Ultimately, the decision to settle or go to court should be made after carefully weighing the pros and cons, considering the specifics of your case, and seeking professional legal advice. Our team of North Carolina personal injury attorneys are well-equipped to guide you toward an optimal outcome. Contact us today for a free case review.
What Happens if My Personal Injury Case Goes To Court?
If your personal injury case goes to court, it will proceed through a specific legal process. Here’s a detailed step-by-step overview of what to expect if your personal injury case goes to trial.
1. Filing the Lawsuit
- Your attorney will file a complaint with the court, outlining the claims against the defendant, the damages you seek, and the legal basis for the lawsuit.
- The defendant will be served with a summons and a copy of the complaint, notifying them of the lawsuit and requiring their response.
2. Pre-Trial Procedures
- The defendant must file an answer to the complaint, responding to each allegation and possibly raising defenses or counterclaims.
- Both parties exchange information and gather evidence through different methods:
- Interrogatories
- Depositions
- Requests for Production
- Requests for Admissions
- Either party may file pre-trial motions, such as motions to dismiss, motions for summary judgment, or motions to exclude certain evidence.
3. Settlement Negotiations
Even after filing a lawsuit, settlement negotiations often continue. Many cases are settled at this stage to avoid the uncertainty and expenses of a trial.
4. Trial Preparations
- Pre-Trial Conference: The court may hold a conference to discuss the trial schedule, witness lists, and any remaining issues
- Trial Briefs: Both parties may submit briefs outlining their arguments and the evidence they plan to present.
5. The Trial
- Jury Selection: If the case is a jury trial, a jury will be selected through a process called voir dire.
- Opening Statements: Both parties present their opening statements, outlining what they intend to prove.
- Presentation of evidence:
- Plaintiff’s case: The plaintiff presents evidence first, calling witnesses and presenting documents, records, and other evidence.
- Cross-examination: The defendant has the opportunity to cross-examine the plaintiff’s witnesses.
- Defendant’s case: The defendant presents their evidence and witnesses, with the plaintiff having the opportunity for cross-examination.
- Closing Arguments: Both parties make their final arguments to the jury, summarizing the evidence and attempting to persuade the jury of their position.
- Jury Instructions: The judge gives the jury instructions on the legal standards they must apply to the facts.
- Jury Deliberation: The jury deliberates and reaches a verdict.
6. Post-Trial
- Verdict: The jury (or judge in a bench trial) announces the verdict, deciding in favor of either the plaintiff or the defendant and determining the amount of damages, if applicable.
- Appeals: Either party may appeal the verdict if they believe there were legal errors that affected the outcome.
7. Enforcement of Judgement
If the plaintiff wins, they may need to take steps to enforce the judgment, such as garnishing wages or placing liens on property if the defendant does not voluntarily pay the awarded damages.
So, Should You Settle or Go To Court?
If you’re still uncertain of which option is best for your case, consult with an experienced personal injury lawyer. They will be able to closely review your case and apply their professional insight to determine the best path forward. In most cases, settling outside of court is the best option, but sometimes going to trial is necessary.
Contact our personal injury lawyers today for a free case review. We’ll help determine the best path forward to achieving maximum compensation for your damages. You can find our law offices in Winston-Salem and Greensboro below.
