If you’ve recently suffered injuries due to someone else’s careless actions, you’re likely considering your options to recover damages from the at-fault party. A personal injury lawyer can determine whether you qualify to seek compensation and help you navigate the process.

As you think about your situation, you may wonder how many personal injury claims go to court. It’s a valid concern, especially if you’re unfamiliar with the legal process and unsure about what to expect. In most cases, attorneys can negotiate favorable settlements for their injured clients without the need for a trial. However, some personal injury cases require litigation to resolve.

Read on to learn about the number of personal injury claims that end up in court. This guide also provides important things to keep in mind as you pursue compensation along with suggestions to increase your chances of getting the maximum compensation possible.

For personalized advice based on the specifics of your case, contact a personal injury attorney near you for a free and confidential consultation.

Schedule A Free Consultation Today!

Comparison with Out-of-Court Settlements

The high rate of out-of-court settlements is not surprising when you consider the benefits of settling:

• Quicker resolution: Settlements typically conclude faster than court cases.
• Lower costs: Both parties save on legal fees and court costs.
• Guaranteed compensation: A settlement ensures the plaintiff receives some compensation, whereas a trial verdict is unpredictable.
• Privacy: Settlements often include confidentiality agreements, keeping details private.

However, it’s important to note that settling isn’t always the best option. In some cases, going to court may be necessary to secure fair compensation.

Factors Influencing Whether a Claim Goes to Court

Several key factors play a role in determining whether a personal injury claim will be settled out of court or proceed to trial:

Severity of Injuries

The extent and long-term impact of the injuries can significantly influence the course of a claim. Cases involving severe, life-altering injuries or permanent disabilities are more likely to go to court if the insurance company’s settlement offer doesn’t adequately cover the victim’s long-term needs.

Clarity of Liability

When fault is clear-cut and easily proven, insurance companies are often more willing to settle out of court. However, if there’s ambiguity about who’s responsible for the accident, the case may need to go to trial for a judge or jury to determine liability.

Insurance Company’s Willingness to Settle

Some insurance companies are more inclined to settle claims quickly and fairly, while others may take a more aggressive stance, hoping to minimize payouts. If an insurer consistently lowballs settlement offers, going to court might become necessary.

Plaintiff’s Desired Compensation

If there’s a significant gap between what the plaintiff believes their case is worth and what the insurance company is willing to pay, the case may need to go to trial. This is particularly true in high-value cases where the difference in proposed settlements can be substantial.

When Claims Are More Likely to Go to Court

While most personal injury claims settle out of court, certain types of cases have a higher likelihood of proceeding to trial:

Complex Cases

Cases involving multiple parties, intricate legal issues, or complicated facts may require court intervention. For example, medical malpractice cases often involve complex medical evidence and expert testimony, making them more likely to go to trial.

Disputed Liability

When both parties strongly disagree about who’s at fault for the accident, a court may need to resolve the dispute. This is common in cases where evidence is conflicting or unclear.

High-Value Claims

Cases involving significant damages, such as those resulting in permanent disability or wrongful death, are more likely to go to court. Insurance companies may be less willing to offer large settlements without a fight, and plaintiffs may be more inclined to pursue maximum compensation through a trial.

Pros and Cons of Going to Court

As you work with your attorney to consider whether to take your case to trial, keep the following things in mind:

• Potential for higher compensation: One of the main reasons plaintiffs choose to go to court is the possibility of receiving a larger award. Juries can sometimes award significantly higher damages than what an insurance company might offer in a settlement. This is particularly true in cases involving severe injuries or when the defendant’s conduct was especially egregious.
• Time and cost considerations: Court cases typically take longer to resolve than settlements. The litigation process can stretch for months or even years, delaying the receipt of compensation. Additionally, going to court is generally more expensive due to increased legal fees, court costs, and expert witness fees. These expenses can eat into any potential award.
• Emotional impact on plaintiffs: Participating in a trial can be stressful and emotionally draining for plaintiffs. They may need to relive the traumatic event, face cross-examination, and deal with the uncertainty of the outcome. However, some plaintiffs find the opportunity to have their day in court and tell their story to be cathartic and empowering.

The Court Process for Personal Injury Claims

If your personal injury claim does go to court, it’s helpful to understand the general litigation process:

Overview of Litigation Stages

1. Filing the complaint: The plaintiff’s attorney files a formal complaint with the court, outlining the allegations against the defendant.
2. Discovery: Both sides exchange information and evidence related to the case. This can include depositions, interrogatories, and requests for documents.
3. Pre-trial motions: Attorneys may file various motions to resolve legal issues before trial.
4. Trial: The case is presented before a judge or jury, who will determine liability and damages.
5. Post-trial motions and appeals: After the verdict, either party may file post-trial motions or appeal the decision if they believe legal errors occurred during the trial.

Typical Timeline

The duration of a personal injury lawsuit can vary greatly depending on the complexity of the case and the court’s schedule. Factors that can affect the timeline include:

• The court’s caseload
• The complexity of the legal issues involved
• The amount of evidence to be reviewed
• The availability of witnesses and experts
• Any settlement negotiations that occur during the process

Even after a lawsuit is filed and a trial has begun, settlement negotiations can continue. Some cases settle just before the judge or  jury render a verdict.

The Settlement Process

Given that most personal injury claims are resolved through settlements, you need to understand the settlement process:

Negotiation Stages

1. Initial demand: The plaintiff’s attorney sends a demand letter to the insurance company, outlining the case and requesting a specific amount of compensation.
2. Counteroffer: The insurance company responds with a counteroffer, typically lower than the initial demand.
3. Negotiation: Both sides engage in back-and-forth negotiations, presenting arguments and evidence to support their positions.
4. Agreement or impasse: If parties reach an agreement, the settlement is finalized. If not, the case may proceed to mediation or litigation.

Role of Mediation

Mediation is a form of alternative dispute resolution that can help parties reach a settlement without going to court. In mediation:

• A neutral third party (the mediator) facilitates discussions between the plaintiff and defendant.
• Both sides have the opportunity to present their case and concerns.
• The mediator helps identify common ground and potential solutions.
• If successful, mediation can lead to a mutually agreeable settlement.

Mediation can be an effective way to resolve disputes, often resulting in faster and less expensive outcomes compared to going to trial. Many civil courts in Missouri require pre-trial mediation before hearing a case.

Statute of Limitations for Personal Injury Lawsuits

When considering whether to file a personal injury lawsuit, you must be aware of your state’s statute of limitations. This legal time limit sets a deadline for filing a lawsuit after an injury occurs. If you miss this deadline, you may lose your right to seek compensation through the court system.

The statute of limitations varies by state and type of case. For example, in Missouri:

• The general statute of limitations for personal injury cases is five years from the date of the injury.
• For medical malpractice cases, generally, the limit is two years from the date of the malpractice or the date the injury was discovered or should have been discovered.
• In wrongful death cases, the statute of limitations is three years from the date of death.

Various factors can influence these timelines:

• The discovery rule: In some cases, the clock starts ticking when the injury is discovered or should have been discovered, rather than when it actually occurred.
• Tolling: Certain circumstances, such as the plaintiff being a minor or mentally incapacitated, can pause or “toll” the statute of limitations.
• Government entities: Claims against government entities often have shorter notice requirements and filing deadlines.

Given the complexity of these rules and the serious consequences of missing a deadline, you must consult with a personal injury attorney as soon as possible after an injury occurs. They can file your claim correctly and within the appropriate time frame, protecting your rights to recover damages.

Importance of Legal Representation

A personal injury attorney can assess your case and determine whether they think it will go to trial. Insurance companies often take claims more seriously when an attorney is involved, potentially leading to better settlement offers. Even so, a lawyer knows how to deal with insurance adjusters and challenge their questionable defense tactics.

If the insurance company or at-fault party won’t negotiate a fair settlement or acts in bad faith, your attorney may have no choice but to sue them in court. A skilled trial lawyer will know how to create a compelling case for you and present it effectively before a judge or jury.

Other benefits of working with an attorney include:

• They understand the complexities of personal injury law and can navigate the legal system effectively.
• They have access to medical experts, accident reconstruction specialists, and other professionals who can strengthen your case.
• They can provide an unbiased assessment of your case and help you make informed decisions.

An important intangible benefit of working with an attorney is your peace of mind. Having an attorney handle the legal aspects of your claim allows you to focus on resting and recovering. They can alleviate your stress and burden and secure higher compensation than you could on your own.

Types of Compensation an Attorney Can Help You Recover

A skilled personal injury attorney will work to secure all types of compensation you’re entitled to, including:

• Current and future medical expenses
• Lost income and loss of earning capacity
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium
• Property damage

In cases of gross negligence or wanton and reckless conduct, your attorney could pursue punitive damages in court. Courts rarely award these types of damages and do so to punish the wrongdoer and deter similar behavior. Still, they can be a significant portion of your award.

In any case, your lawyer will consider both your current and future needs to ensure that any settlement or court award adequately compensates you for all aspects of your injury.

Choose Cook, Barkett, Ponder & Wolz for Your Missouri Personal Injury Claim?

If you’ve suffered a personal injury in Missouri, the attorneys at Cook, Barkett, Ponder & Wolz are ready to help. With more than 100 years of combined trial experience, we’ve handled a wide range of personal injury cases, recovering millions of dollars in verdicts and settlements for our clients.

You can rely on us to provide compassionate, personalized attention to your case and dedicated support and guidance along the way. Although we’re skilled negotiators who settle many cases before trial, we have the litigation experience to represent you effectively before a judge and jury.

Don’t let uncertainty about the legal process prevent you from seeking the compensation you deserve—and don’t miss any legal deadlines that could undermine your ability to get the compensation you need.

Contact Cook, Barkett, Ponder & Wolz today for a free, confidential consultation. You don’t pay anything out of pocket for us to represent you, and we don’t accept attorney fees unless we recover compensation for you.

Schedule A Free Consultation Today!