According to studies by the U.S. Department of Justice, Bureau of Justice Statistics (BJS), less than 5% of personal injury cases go to trial. The majority of personal injury claims are resolved through arbitration, mediation, and less-formal settlement negotiations between lawyers representing the two parties.
However, if you file a personal injury lawsuit, know that there is always a chance it will be resolved in civil court. There are several reasons why a personal injury lawyer may pursue settlement, but certain situations make a trial the better option. Our personal injury lawyers in Keene, across New Hampshire, and beyond are ready to take your case to trial if needed.
Why personal injury claims settle out of court
It is usually faster to achieve a personal injury settlement than it is to take the case to trial. Settlement agreements can sometimes be reached within weeks or months of a demand letter sent by your attorney to the at-fault party. Though it often takes longer in serious cases when the extent of injuries is unknown or treatment is ongoing. Demand letters outline the extent of the injury victim’s damages, including the amount of their medical bills and lost wages, plus a fair estimation for their pain and suffering, and state how the at-fault party (the defendant) caused these injuries due to negligence.
If the facts are clearly in the plaintiff’s favor, then insurance companies typically settle them, versus risk losing at trial.
Going to trial means waiting for a court date to become available, which may not be for months after the injury.
Trials are also unpredictable and emotionally draining. They require the plaintiff to re-live everything that happened and publicly face questions and challenges about what happened. Even the strongest case could fail when presented to a jury. A settlement offer is a sure thing.
One reason many defendants push for a settlement is that the details of the agreement can be confidential. A corporate defendant may not want to mar its consumer reputation with a lawsuit. Once the trial begins, all evidence and testimony become public record. In a settlement, the details are kept private.
Why would I take my personal injury case to trial?
One of the main reasons that a plaintiff’s lawyer would advise going to trial is the opportunity for punitive damages to be awarded. Punitive, or exemplary, damages are assessed against defendants whose actions are especially egregious, such as in Henley v. Philip Morris, in which the jury awarded the plaintiff $50 million in punitive damages.
While New Hampshire does not allow for punitive damages, there is an opportunity for enhanced compensatory damages. They can serve a similar purpose, but punitive damages are intended to punish the defendant, and enhanced compensatory damages are available to compensate the victim in instances of wanton, malicious, or oppressive intent on behalf of the defendant.
For some plaintiffs, the case isn’t about the money, but about justice, in the only arena it is possible. In medical malpractice claims or consumer product liability, you cannot send the hospital or corporation to jail; a civil claim may be the only way to hold the defendant accountable.
Should I settle my case or go to trial?
Ultimately, it is the plaintiff’s decision whether to accept a settlement offer from the defendant or take their case to trial. At Shaheen & Gordon, we provide professional advice and insight into your claim, based on decades of litigation experience.
Whether you were in a car accident, suffered injury due to a slip and fall, were injured by a defective consumer product, or suffered medical malpractice, we can advise you of the right steps to take to ensure you receive the compensation you deserve. Contact our firm today at (800) 451-1002 for a free consultation with an experienced personal injury attorney.
