Making A Personal Injury Claim: Will It Settle Or Be A Lawsuit?

Many people who have been in a car, slip and fall or other kind of accident think that if they make a claim to recover compensation for their injuries and losses, the procedure will involve many court hearings and they will have to go to court. As such, one of the first things most people who have been in an accident want to know is whether their personal injury claim will be settled, or whether there will be a lawsuit.

Though no one can know with certainty what will happen in a specific case, it’s a fact that the vast majority of personal injury claims are settled out of court. Studies have been done confirming this. One study, done by the U.S. Department of Justice, found that approximately 80% of personal injury claims are settled out of court. Another study, published by the National Center for State Courts, looked at personal injury claims in seven states and backed up this number, finding over 80% of injury claims (mostly auto accident and slip and fall claims) were resolved without a trial.

Even though most personal injury claims are settled, a small percentage result in lawsuits. An insurance company may dispute aspects of a claim, so a lawsuit becomes necessary to get what the accident victim is legally entitled to receive. Even if a lawsuit is filed, it’s unlikely there will be a full trial, as cases can settle at any time. According to both studies mentioned above, only about 3% of cases actually had a trial (with the plaintiff winning about half the time).

If you are in an auto, slip and fall or other kind of accident, don’t let the fear of going to court stop you from making a claim. You could be giving up a valid claim that lets you recover compensation for injuries and losses that you are legally entitled to receive and that helps you get back to your pre-accident position. Also, if your personal injury claim is like most others, it will be resolved without you ever having to go to court.

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Many people have the idea that when we file a lawsuit, we are suing the person. We are not. We are suing the insurance company that the person has been paying to protect them against a loss like this. The insurance company that this person has been paying for quite some time.

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