Personal Injury Lawsuit Statistics: The Odds Of Winning Your Case
What Is A Personal Injury Case Or Lawsuit?
Personal injury lawsuits are legal disputes that happen if a person experiences negative or adverse effects of someone else’s action. This means that they suffered harm or injury due to an accident, thus, causing someone else to be legally responsible for them and the damages.
The National Highway Traffic Safety Administration estimates that about 6 million cars collide yearly in the US. This is about one car for every ten seconds. Approximately 5 million dog bites and 17,000 slip and fall accidents are said to happen every year according to the Centers for Disease Control and Prevention. If you have experienced these kinds of crashes, then you have experienced what it’s like to become a victim of a personal injury accident. There are two actions on what you can do regarding this.
- Filing a case – Usually, this happens if the plaintiff or the private individual files a claim against the person, company, organization, who allegedly caused the harm or the defendant. This is called filing a lawsuit.
- Informal Settlement – Personal injury cases are most often settled through this method. What happens is that both sides would have representatives, a lawyer and an insurer usually, and they would talk and negotiate a settlement. This would require a document that would serve as a proof that both sides won’t be filing a lawsuit or any other action and instead the matter has been resolved with an agreement.
However, before deciding to consider these first. Is someone else negligent besides you that resulted in the accident? Did you experience any injury or damage due to that negligence? Lastly, is there someone that can be held responsible for the damages or injuries? If you answered yes to all, then, a competent and experienced lawyer can help you sue for the damages caused by accident and help you cover the bills and damages it created.
What Are The Odds Of Winning Your Case?
Statistics by the US government reports that only about 5% of these cases follow through to the trial. The remaining 95% are people doing informal settlement. About 90% of those who go to trial in that 5% lose the trial. And for those who do win the trial, a trial judge is more likely to be the one to give you more compensation than a jury.
It seems a bit shocking to the point that it might make you hesitate about continuing a lawsuit. One of the things that make people go for informal settlements is the fact that trials can go on for years. In those years, the victims or the plaintiff may lose their job or enter a financial crisis because of the bills accumulate.
Resources are also another big factor. With a personal injury case, only one investigator is assigned to investigate, thus limiting the speed of the investigation. They would have to examine everything from the accident, the witnesses, what caused the crash, and many more. All these work for one person would end up with them taking months, if not a year, just to thoroughly investigate the case.
If the victim needs a settlement quickly or as soon as possible, then working with a lawyer is essential. Attorneys usually suggest arbitration so that the process can move smoothly. There would also be negotiations, but this takes a long time as both sides would have to talk and at times even argue. If the victim doesn’t agree with the offer given by the defendant, they will go to trial. However, with how cases usually go, it might take you years to reach this point.