South Carolina has a high rate of personal injury cases. They include 36% of the state’s civil caseload, which is 210% higher than the national average. If you have a personal injury case, these statistics hit home. Do personal injury lawyers go to court? Our personal injury attorneys at Jordan Law Center do take cases to trial when needed to get fair compensation for our clients.
Do Personal Injury Lawyers Take Cases to Trial?
Personal injury lawyers take cases to court when necessary. If you and the other party cannot agree on a settlement amount, you have the right to file a lawsuit.
What Are Some Common Types of Personal Injury Cases?
Motor vehicle accidents are the most common type of personal injury case. There is a traffic collision once every 3.6 minutes in South Carolina.
Other cases include:
- Nursing home abuse
- Premises liability
- Medical malpractice
- Wrongful death
- Workplace accidents
- Slip and fall accidents
- Defective products
- Boating accidents
Personal injuries happen in varying circumstances, but when someone else’s wrongdoing, omission or negligence causes you harm, it may fit the definition. Our personal injury lawyers do go to court when necessary to represent your claim.
How Many Personal Injury Cases Go To Trial?
Most personal injury cases never get to a courtroom. How many personal injury cases go to trial is usually an estimate; however, the Bureau of Justice calculates that between 3% and 4% of personal injury cases go to court.
This number can be difficult to determine, though. You and your attorney may decide to file a lawsuit, and the action can motivate the insurance company to settle out of court. When the insurer sees that you are serious about getting fair compensation, they may want to avoid legal fees to take the case to trial.
Is It Common for Personal Injury Lawyers To Go to Court?
It is rare for a personal injury case to go to trial. However, some factors can make a court case more likely.
Complex cases
The more complex your case is, the more likely it will go to trial. When an insurance company is unwilling to pay a reasonable and fair amount, or if they are using tactics to avoid paying, the case usually lands in court.
Severe or pre-existing injuries
A pre-existing injury exacerbated by the accident can complicate things. Also, the insurance company may try to downplay severe injuries to pay less. Sometimes, personal injury lawyers do go to court to prove you need more compensation than offered.
What Are the Pros and Cons of Settlements and Trials?
Settling out of court and going to trial have some advantages and disadvantages for both sides.
Settling out of court
Insurance companies usually prefer a settlement when faced with a choice between settling out of court and going to trial. Litigation is often more costly than a settlement payment, even if it’s higher than what they initially offered. If the insurance company loses in court, they face litigation fees and trial lawyer costs.
Settling out of court usually allows you to recover damages sooner — sometimes in months instead of years. It is also less complicated than a trial case and may be less stressful for you. Additionally, out-of-court settlements provide you with more privacy since court cases are public records.
Going to trial
Going to court may give you an advantage if the defendant refuses to pay. If mediation has failed, going to trial may be your only option to recover damages.
A trial case also forces the at-fault party to admit responsibility, something they don’t have to do when settling out of court. However, that leaves you with the burden of proof. You will have to provide evidence that the other party was negligent, led to the accident and caused you harm.
If your case goes to trial, our personal injury lawyers do go to court and will support your case at every step.
What Are Common Reasons for Going To Trial?
Although not many personal injury cases go to trial, numerous reasons can factor in when it happens.
Failed negotiations
Negotiations between injured parties and insurance companies can happen without filing a lawsuit. You can continue negotiating with the insurer after litigating the case. However, if you do not reach an agreement, the case may go to trial. In that case, our personal injury lawyers do go to court to fight for fair compensation for you.
Ineffective mediation
Mediation helps the disagreeing parties avoid a trial. The judge may even order mediation. If it is unsuccessful, though, you may settle your differences in court.
Liability disagreements
Opposing parties may disagree on who is responsible for an accident. The defense may find evidence that opposes your story about what happened, or the insurance company may claim that you are responsible for your injuries.
Failing to come to an agreement outside of court may lead to your case going to trial.
Insurance company acting in bad faith
Insurance company employees are human and sometimes make mistakes. However, insurers act in bad faith when they:
- Purposely delay payment
- Misrepresent your coverage
- Refuse to investigate a claim before making a decision
- Deny your claim to save money
These tactics are illegal. If you believe the insurance company acted in bad faith, our personal injury lawyers do go to court to present evidence.
Settlement demands
The insurance company may believe they can convince a judge or jury that your settlement amount is too high. If so, they may want to take your case to trial, even if you and your attorney decide the amount you pursue is reasonable and fair.
Talk With a South Carolina Personal Injury Attorney
After experiencing harm from someone’s negligence, you may wonder about your chances of winning a personal injury lawsuit if you must go to trial.
Although it’s likely to settle your case outside of a trial, the Jordan Law Center personal injury lawyers do go to court to get you fair compensation when necessary. Talk to our knowledgeable staff to learn how we can help with your Greenville, SC, personal injury case.
