Car accidents are the cause of more personal injury lawsuits than any other situation, according to the American Bar Association. However, only a small percentage of personal injury lawsuits, including car accident cases, ever go to trial. There are some good reasons for this.
The jury is unpredictable
Because car accident cases are usually heard by a jury, the results are inherently unpredictable. This means that very rarely do both sides want to go to trial. You can present the same facts to different juries and end up with different results.
It is often more cost effective to settle a car accident case than go to trial. Attorneys and insurers are often able to accurately determine the financial value of a personal injury claim: They may have been involved in enough cases to estimate the financial compensation for specific injuries such as broken ribs or a broken ankle. Even where the car accident case involves soft tissue or chronic pain, personal injury attorneys and insurance adjusters are generally able to come to quite similar valuations.
Taking a car accident case to trial is expensive. By coming to an agreement prior to trial, all parties have the opportunity to have more control over the outcome. There is, of course, the potential that the plaintiff is giving up the opportunity for a large award, but very often both attorneys and clients believe that the risk is too great.
Most people want to settle and get on with their lives
A trial is typically the result when an agreement cannot be reached. This can happen if the claims adjuster is not able to offer a sufficiently large settlement, or if the plaintiff is not willing to negotiate. Where a settlement is possible, it is generally the desired outcome of the parties and their attorneys.
And it is only when both parties cannot reach an agreement, then the car accident case will go to trial.
The Kelly Law Team is experienced in handling car accident cases that are going to trial. If you are a passenger, driver or pedestrian injured in an accident, call us today at 602-283-4122.