Why Personal Injury Claims Settle Out of Court

Posted By Brandon J. Broderick, Attorney at Law

25 Jul. 2016

When you are injured in an accident, for example, in a motor vehicle accident, or on a construction site, or from a dangerous and defective product, you could face hefty medical bills, surgery costs, lost income, and future medical expenses. If you were in a serious car accident, your car could have been totaled, with a replacement value of $20,000 or even more.

No matter how or where you were injured, the costs can quickly add up, especially if you were hospitalized, were unable to work for an extended period of time or have costly medical bills.

If you were attacked by a dog (and experienced disfigurement), suffered a traumatic brain injury (TBI), or fell on a construction site and suffered a spinal cord injury, you may have no idea just how long your injury will last, or how much it will cost. You need help.

If you can relate to any of the above injuries and circumstances, it may have become clear by now that you need professional legal representation. But the question is, are you headed to a jury trial?

While we cannot say for sure either way, in all likelihood, your case will not make it to trial. Why? Because, upwards of 90% of personal injury cases settle outside of court, and there are good reasons why this happens for both the plaintiff (the injured party) and the defendant (the alleged at-fault party).

Why Settling Out Of Court Benefits the Defendant

Defendants typically have to pay their attorneys out-of-pocket, so they will do whatever they can to reduce their legal costs. Expert witnesses, accident reconstruction experts, and lengthy depositions add up, thus reaching a settlement is usually favored over a jury trial for defendants.

Here are more reasons why defendants are motivated to settle out of court:

  • Jury trials are unpredictable
  • Settling reduces legal fees
  • Settlements are faster
  • Settlements are less stressful

Why Out of Court Settlements Benefit the Plaintiff

Plaintiffs are frequently represented by personal injury attorneys who take their case on a contingency fee basis, but that does not mean that they don’t benefit from settlements.

Unlike defendants, plaintiffs may not always pay legal fees and other costs upfront, but these fees and expenses are deducted from their settlement or jury verdict. So, the ultimate goal of the plaintiff’s attorney is to drive down costs so the plaintiff receives maximum compensation.

Additional reasons why plaintiffs are motivated to settle out of court:

  • Juries are unpredictable
  • There is no guarantee that they would receive more money through a trial
  • Legal fees and associated costs are reduced
  • They have more control over the outcome
  • They receive their settlement faster
  • Trials can take a long time

What about you? Have you realized that you need to seek representation from a New Jersey personal injury attorney? If so, we urge you to contact Brandon J. Broderick, Attorney at Law for assistance. Once we review the details of your case, we can determine if you would be better-served by a negotiated settlement or a full-blown jury trial.

We are 100% devoted to personal injury law and proud members of the Million Dollar Advocates Forum®. Call (201) 853-1505​ today for your free case evaluation!

Blog Home