You may be surprised to learn that roughly 95 percent of injury cases that end in a payout are settled out of court. In the vast majority of cases, you’ll earn a payday for your injuries without ever setting foot in a courtroom. But why is it so uncommon to go to trial for your injury case, and is a settlement the optimal route for your case? We answer those questions and more in today’s blog.
Why So Many Injury Cases Settle
There are a number of different factors that play into reaching a settlement agreement with the other side. Here’s a closer look at some of the factors that lead to so many injury settlements.
The Fear Of The Unknown – Anything can happen in court, and if there’s one thing both sides don’t like, it’s unpredictability. During settlement talks, both sides can work towards a decision that is agreeable for both parties. In court, your fate is completely in the hands of the judge. You may get a bigger payday than you were offered in a settlement, or you may get nothing. Because going to court comes with inherent risks, many times both sides like to hammer out an agreement that eliminates the possibility of a worst case scenario.
Control What’s Important – During a settlement, both sides can also work to come to an agreement that contains aspects that are important to them. For example, you may want a certain dollar amount or specific therapeutic services, while the other side may want to avoid taking public responsibility for the accident or ask that you sign a non-disclosure agreement as part of the deal. Both sides are more likely to come to an agreement if some of their key demands are met, which can be controlled during settlement talks.
Quicker Resolution – As we’ve said many times on the blog in the past, it’s never a good idea to rush into a settlement, but the fact of the matter is that a settlement does help to bring your case to an end. Instead of trying to pinch out a little more money by adding months or even years to the process, some people opt to reach a settlement. The other side also likely doesn’t enjoy having an open case hanging over their head, so they too may opt to settle if they can come to agreeable terms. However, they may also use your desire to put an end to your case against you, so don’t admit that you’re in a rush to wrap up your case.
Alleviate Stress – An injury case can be stressful for a number of reasons. The uncertainty of trial and the prospect of months of litigation can be very stressful, which is why there is some merit to reaching a settlement. Resolving your case can also help to alleviate some stress in your life. Again, don’t let the other side use this stress to their advantage, but at the same time, the open legal case is likely stressful for them, so both sides can breathe easier if they work to come to an agreement out of court.
Time, money and stress are some of the main reasons why so many cases end up settling out of court, but whatever route you choose, we want to ensure you receive a fair deal. If you are considering moving forward with a personal injury or workers’ compensation claim, let our team ensure it is handled appropriately. Having a lawyer by your side can also help to make the situation less stressful, and we can end up saving you time and money! For more information about your injury case or the possibility of a settlement, reach out to Dean and the team at Margolis Law Office today at (952) 230-2700.
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