When someone suffers an injury due to someone else’s negligence, personal injury cases arise. In Richmond, Virginia, personal injury claims range from vehicle accidents on busy interstates like I-95 and I-64 to slip-and-fall incidents and workplace injuries. According to the Virginia Department of Motor Vehicles, the Richmond metro area reports over 200,000 traffic crashes annually, with approximately 10,000 resulting in injuries. The Virginia Supreme Court’s annual reports show that while thousands of personal injury cases are filed in Richmond Circuit Court each year, the vast majority—over 95%—are resolved through settlement rather than trial, reflecting a nationwide trend in civil litigation.
Cases such as car accidents or slip-and-falls often result in lawsuits. But most people would think litigation is always a court battle. Most will, however, go to settlement before that. If you’re involved in a personal injury case, working with Christina Pendleton, your personal injury lawyer, can help you understand whether settlement or trial is the best option for your specific situation. A better understanding of why the majority of personal injury claims do not go to trial may help shed some light on the larger picture.
Avoiding Prolonged Litigation
A key factor concerning why personal injury cases settle out of court is to avoid extended litigation. Court cases can drag on for months or years. Everyone has to experience this delay, which can be extremely frustrating and stressful. Settlement moves parties to a faster resolution, as finality and closure can be a source of relief.
Reducing Legal Costs
Litigation can be expensive. Things like legal fees, expert witness fees, and other related costs can pile on quickly. Settling reduces these financial obligations for both parties. Settlement takes less time and resources; therefore, it is a cost-effective process.
Uncertainty of Court Outcomes
Courtroom outcomes can be unpredictable. A great trial case isn’t a guarantee of winning at trial. According to the American Bar Association, jury verdicts in personal injury cases can vary significantly, and the unpredictability of trial outcomes is a major factor driving parties toward settlement negotiations. In a settlement, the parties agree on the terms, so the outcome is more predictable. Because you know how it would play out, this would be comforting in some way; this would keep the risk of a wrong verdict from affecting the outcome.
Privacy Concerns
Court proceedings are typically public. That kind of openness can attract unnecessary attention and reveal personal details. Settlement of the case preserves a greater degree of privacy. There will be confidentiality terms protecting both from headlines about the settlement.
Emotional Considerations
Fighting it out in court is distressing. This can be upsetting, as it typically involves having to rehash distressing events. Settling allows people to bypass the emotional toll that comes with a trial. This option also comes with a more peaceful resolution, allowing them to avoid further trauma.
Control Over the Outcome
By settling, parties can control the resolution. In the courtroom, a judge or jury ultimately decides the outcome. Settlement also allows individuals to create terms that work for them. Such flexibility can result in more desirable outcomes for all affected parties.
Encouragement From Legal Professionals
Lawyers occasionally advise their clients to settle. Legal professionals know the cost that trials carry. They can inform you if a settlement would be in the best interest of you as the client. This counsel often results in out-of-court settlements.
Insurance Company Involvement
Often, personal injury cases involve insurance companies playing a major role. They would rather pay out on claims than incur the costs and risk of a trial. Insurers want to wrap things up quickly, which usually means settling.
Preserving Relationships
Some personal injury claims happen between people who already know each other. An extended trial can further strain these relationships. Settling can help parties to walk away without additional animosity.
Flexibility in Negotiations
Settlement negotiations have many advantages over court proceedings, primarily that they allow for flexibility. The agreement can be customized according to the situation of the parties, as many terms and conditions can be negotiated. Being able to adapt may create a more creative solution that serves the interests of both sides.
Conclusion
There are countless reasons why personal injury cases do not go to trial. Factors like the avoidance of extended litigation, cost-saving, and confidentiality contribute to settlements. Also, this option is attractive because of the certainty and control it provides through negotiations. These advantages often lead legal professionals to encourage those they represent to settle. Recognizing these motivations allows a person to better understand how personal injury cases work. If this process hangs on too long, and it often does, then perhaps settling will be the most effective and satisfying means for all parties to move forward with more ease.
