Most personal injury cases are far more likely to be settled out of court, unless it is a very complicated case. This is usually the case no matter which side you are on in a pending lawsuit.
If you would like to know what percentage of cases settle before trial, we have the answers below to learn the factors that affect settlements versus a trial case.
Factors Affecting Settlement vs. Trial Percentages
The majority of cases are estimated to be about 90 percent of the total claims filed in court. It is typically not easy to know for sure how many cases go to trial versus the amount that is settled outside of court. The reason it is not easy to calculate a percentage is because, depending on location, the reporting standards vary and percentages differ. The more complicated cases usually tend to end up in a trial, if negligence is not clear. Generally speaking though, if your case is not complex it could likely settle out of court, if it is clear who is at fault party is.
Benefits of Pre-Trial Settlements
Pre-trial settlements offer a great deal of benefits, the biggest benefit is that once you have reached a settlement agreement your case is done and life can get back to normal. Additionally, your lawyer will assume a settlement will be reached before trial and this gives them time to prepare a case for you that will usually provide a good settlement for you.If your case does go to trial it might result in a higher settlement, but this is not always certain. Be sure to inform your lawyer up front that your preference is to settle your case, before it goes to trial.
Most of the lawyers work on contingency basis, and that ensures that you don’t lose any money when the lawyer does not win you any compensation. There are no upfront costs nor any other hidden charges, which makes it simple for accident victims to seek professional assistance.
Settlements are not Always Reached
Your case may take longer to settle if you are unable to reach an agreement with all parties in that will cover all the expenses of a personal injury. Do not settle for an unfair amount but, if your injury lawyer in Ottawa advises to take the settlement he has a good reason for doing so, rather than going to trial. No settlement means you must go into mediation to reach an amount and if mediation is not successful, the case goes to trial.A lawsuit usually means you should contact a personal injury lawyer to inform you on the settlement process and to help if your case goes to trial.