What Percentage of Injury Claims Go To Court?

Traffic crashes killed 36,096 people and injured another estimated 2.74 million in 2019. A full 20% were non-motorists. That same year, 6.8 million people received emergency room treatment from injuries sustained in a fall. Most slip-and-fall accidents occur on the job and fall under workers’ compensation rules, which typically don’t allow employees to sue their employers if they get hurt. However, others may fall under premises liability laws.

Though vehicle collisions make up the highest percentage of personal injury claims, personal injury is a broad term that encompasses many case types. Medical malpractice, product liability, assault and dog bite cases are all examples of other personal injury categories. Given the number of possible injuries and fatalities, you might be surprised at what percentage of cases see the inside of a courtroom.

Do Personal Injury Claims Always Go to Court?

Most personal injury legal claims never see the inside of a courtroom. While it’s difficult to determine precisely what percentage of lawsuits make it to trial annually, an estimated 5% of all personal injury suits are settled by judge and jury. The remaining 95% settle in pre-trial negotiations.

Filing a lawsuit can be an overwhelming and scary experience. Most people do not enjoy the prospect of going to trial, even when a lawsuit is potentially the only way to recover their losses. It might help to know that it’s unlikely your personal injury case would go to court. Furthermore, lawsuits tend to work out better for plaintiffs than defendants.

While there is no guarantee, if you have a solid case, you may benefit from pursuing compensation for your injuries or a loved one’s death through the legal system. Hiring an attorney with experience and skill in handling your type of personal injury may help you get the compensation you deserve.

How Can a Lawyer Help You With Your Personal Injury Claim?

While you can represent yourself in a personal injury lawsuit, having an attorney on your side gives you the support and representation you need to build and present a solid case. A reputable personal injury lawyer works on a contingency basis so that it won’t cost you anything upfront. You only pay if you reach a satisfactory settlement or win in court. Here’s how an attorney can help you with your personal injury case.

Reviews the Merits of Your Case

If you sustain injuries from an accident or incident due to another person’s negligent or wrongful behaviors, it’s entirely understandable that you want to seek justice and fair compensation. However, state laws establish who can file a lawsuit and when.

During an initial consultation, an attorney reviews the facts in your case to determine whether it has legal merit. The lawyer assesses the extent of damages, evaluating if they meet the criteria in your state’s laws for filing a personal injury lawsuit. Your attorney presents you with your options and offers legal advice.

Helps You Understand Relevant Laws

Every state implements regulations that govern the lawsuit process. The process is often complicated, with different sets of rules and guidelines for the various types of personal injury cases. An attorney can help you decipher the relevant laws for your case.

Who Can File a Lawsuit?

State laws determine the criteria that must exist before you can file a lawsuit. These laws aim to reduce the number of frivolous claims that can jam up the system, slowing down the process for those with valid claims. With so many types of personal injury cases, it helps to consult an attorney to ensure you have a valid legal claim.

How Does Shared Fault Impact Outcomes?

Even if you have a claim, other laws may impact the outcome of your case. In all but four states, comparative negligence statutes determine the effects of shared fault on your potential settlement. In the 13 states that follow pure comparative negligence rules, claimants can recover damages, even when they are 99% at fault. However, damage awards are reduced by the same percentage as their share of responsibility. The person who is 99% at fault can only recover 1% of the damage award.

In 33 states — including Utah and Texas — modified comparative negligence rules severely impact settlement and damage award outcomes. In these states, plaintiffs who are more than 50% responsible for their injuries can’t recover any damages. The defendant’s representation will undoubtedly try to push a higher percentage of the blame on you. It can pay to have an attorney on your side who knows how to assess fault and present evidence to support your case.

Is There a Deadline for Filing?

Every state imposes a statute of limitations for filing personal injury lawsuits. These deadlines vary by state and type of personal injury claim. An attorney can help you stay on track and ensure you don’t miss your opportunity to obtain fair compensation.

Assists in Gathering Evidence

Personal injury lawyers assist in gathering the evidence needed to support your claim and build a solid case. Not only do attorneys know what to look for, but they can often get their hands on the evidence easier and faster than their clients can. Lawyers also have the resources to persist when confronted with busy doctors who often don’t respond to requests for documentation.

Pulls Together Testimonies

Collecting useful testimony is challenging. You need to know how to interview witnesses and relevant professionals to get the necessary information without jeopardizing the integrity of the statements they provide. A personal injury lawyer knows who to talk to and how to handle the interviews.

Calculates Your Losses

All you need is a calculator to add up the medical bills you’ve already accrued, but calculating losses in a personal injury case is usually a much more complex endeavor. Your injuries may require treatment in the future. You may miss work in the future or find that you cannot work in the same capacity as you did before you were injured. You may also experience non-economic damages, such as mental anguish or pain and suffering. An attorney knows how to assess and calculate the full extent of your losses.

Handles the Negotiations

When you hire a personal injury lawyer, your attorney handles the negotiations, protecting your rights in the process. Lawyers are familiar with defendant representatives’ tactics to intimidate and blame claimants. They are skilled in negotiating and working to reach a fair settlement agreement.

Represents You in Court

Though only a small percentage of personal injury claims go to court, you want a lawyer on your side if yours does. When negotiations don’t result in an agreement, you may need to proceed to trial if you wish to pursue fair compensation. Your lawyer will go the distance with you, representing you and your interests in the courtroom.

Where Can You Find an Experienced Personal Injury Lawyer?

At Fielding Law, we understand the personal injury legal claims process is intimidating, and we’re here to help. Our personal injury team walks you through each step, beginning with a free case review. When it’s time to negotiate, you can trust us to look out for your best interests. If a satisfactory pre-trial settlement isn’t possible, we won’t hesitate to go to court to help you get the compensation you deserve. Get in touch today to learn more about how we can help.