Many people have no idea just how rare it is for a head injury case to go to trial. The truth is that more than 90% of personal injury cases are actually settled outside of a courtroom. Does this mean that your case will not go to trial? Not necessarily. Keep reading to learn what factors into how many of these and other cases go to trial. If you have questions, contact Law Offices of Michael A. Kahn at (310) 209-1600 for a free legal consultation.
A Look at the Data
While it is difficult to pull data just on head injuries, there is ample research into motor vehicle accidents. Since car accidents are one of the most common causes of head injuries, it is helpful to look at these statistics. According to one study, 30,000 cases of car accidents with at least $25,000 in damages go through the Courts each year. Of those, the courts have only decided around 700 each year.
This means that only about 2% of major car accident cases filed end up going to court. Of course, keep in mind that various areas have different numbers. For example, Sacramento County sees about 6% of these cases go to trial while Contra Costa sees fewer than 1%. Still, the overall average for California is 2%.
What Happens to Cases That Don’t Go to Court?
If you learn that it is so unlikely for a head injury lawsuit to go to court, you likely wonder: What happens if it doesn’t? One option is that the case could be dismissed. This could be because the case was filed after the statute of limitations was up, because of a lack of evidence, or errors made in filing the lawsuit. For these and other reasons it is important to work with an experienced personal injury attorney.
Another option is that the case settles out of court. This is generally the best potential outcome for all parties involved because it means you get your money faster and neither you nor the insurance company for the at-fault party must deal with the cost or hassle of a trial. Of course, the downside is that you may not get the same settlement amount you would get at trail. On the flipside, if you take it to trial there is no guarantee that you will win, so a settlement offers you a sure bet.
Do You Need an Attorney if You Are Settling with the Insurance Company?
Absolutely. You know how much the long-term care costs for a person who has suffered a head injury. You know that you will have future medical costs, lost wages – the list goes on. Your attorney will have years of experience and know how to negotiate with the at-fault party’s insurance company. If you want the best possible outcome then you should work with the best. Contact Law Offices of Michael A. Kahn at (310) 209-1600 now for a free legal consultation.