If you are injured as a result of someone else’s actions or negligence, you’ll likely want the compensation aspect of your personal injury claim to wrap up as quickly as possible. Nobody wants to go through the long and drawn out process of fighting for an injury claim in court, and you may be surprised to learn that the vast majority of injured parties don’t have to go through this process. But how often does a personal injury case go to trial, and how would it resolve if it didn’t make it to trial? We answer those questions and more in today’s blog.
What Percent Of Personal Injury Cases Go To Trial?
As we mentioned above, the vast majority of personal injury cases end up being resolved before trial. The reason for this is because there are a lot of benefits in reaching a mutual agreement for both sides compared to letting a judge rule how they see fit. That’s why estimates suggest that roughly 95 percent of personal injury cases are settled instead of being decided at a trail.
So if most cases are being resolved prior to trial, how are most cases settled? There are three main ways that personal injury lawsuits resolve prior to trial. They are:
1. Negotiated Settlements – This is the most common resolution to a personal injury case, with both sides negotiating with one another and working to find a healthy middle ground. Oftentimes this requires a little give and take by each party, which is why it’s important to have an experienced lawyer by your side to help with these delicate conversations. In most instances, upon accepting an agreement, you will be relinquishing your right to pursue further legal action for the incident.
2. Mediation – If you are unable to reach an agreement by working directly with the other side, the next step in the process is typically mediation. In these situations, a neutral third party is brought in to help both sides reach an agreement. Oftentimes this third party is a retired attorney, judge or individual familiar with injury compensation. Sometimes it’s easier to work with a mediator because they can figure out what’s important to each side and find ways to reach a compromise.
3. Arbitration – A third option that is sometimes used instead of a formal trial is arbitration. Arbitration is a lot like a trial in that both parties will formally present their case to an individual known as an arbitrator. Depending on the situation, you may agree to a binding or non-binding arbitration. In a binding arbitration, the decision by the arbitrator is final, whereas in a non-binding arbitration hearing, it is merely a strong suggestion that can be rejected if one party ultimately decides to take the case to trial.
Most cases wrap up through a negotiated settlement or through informal discussions with a mediator, but the team at Hey Workers will be happy to help resolve your case by whatever means necessary. For more information about settlements or injury awards, reach out to the team at Hey Workers today at (844) 439-9675.
