If you are looking to find out how many personal injuries go to court, this guide from Hale Law, P.A provides the right answer. This is a guide on victims of third-party negligence who would wish to claim compensation.
Cases of negligence often result in physical injuries, illnesses, and psychological trauma. Among the leading forms of negligence that cause such critical events are medical practitioners’ misconduct, careless road usage, not to mention defective products. In case your claim lands in the hands of the court, hiring a experienced trial attorney is vital
Whenever you’re a victim of another person’s carelessness or injured as a result of another person’s negligence, you can file a personal injury claim and get proper compensation. But despite this fact, only a small number of injury claims go to court. In fact, the estimated range in percentage of injury claims that goes to court is at around 2-3 %. That Is because the majority of personal injury claims are often solved outside the court. The parties involved might rather decide on favorable terms to settle the case than involving the jury’s verdict.
Why Are Many Injury Claims Settled Outside The Court
Court proceedings are often tedious and costly to both parties. In essence, attending court can be stressful and time-consuming. This is one reason why most injury claims are often solved outside the court. Another reason why many injury claims are solved outside the court is due to the pre-action protocol that most solicitors follow. The pre-action protocol is often in place to enable both the defendant and the claimant solicitor to get into an agreement without the court’s involvement. In addition, the protocol encourages both parties to share information early before the case develops and thereby employ an alternative means of dispute resolution.
However, there are certain circumstances when parties are not satisfied with how the case is developing. Nevertheless, the liability may be denied. If such circumstances surface, both parties may be required to carry the case forward and get a proper ruling from the court. When that happens, it is advisable to have a personal injury attorney to help in claiming the compensation.
Is The Claim Worth Taking To Court
The eligibility and validity of your claim is a crucial factor to be considered. The attorney will check whether your claim is valid, if you are entitled to compensation and the likelihood of the claim going to court. This process is typically a simple risk assessment test, also called ‘vetting’ – often meant to evaluate your case in greater detail. It is a crucial process as it provides the solicitor with in-depth knowledge of your case and its validity. The process is also helpful in deciding where the case should be solved. During this process, a solicitor assesses the following factors:
- Whether or not you’ve exceeded the time restraint (the personal injury claim time limit)
- if there is a breach of duties of care that other parties owe you
- whether other parties are to be blamed for their negligent actions
- if you suffered unnecessarily
Similarly, a solicitor may want to know whether you need urgent treatments. You can also claim interim payouts during the progression of the claims. And in other cases, you may have registered considerable financial loss, making it hard for you to pay various bills.
Why Personal Injury Claims Go to Court
If a cooperative agreement is not reached concerning the case —if the other party denies liability, the factors involved are complex, or a financial value concern, a court hearing becomes necessary. But such instances are very rare, and court involvement is often rare in personal injury claims.
The court process begins with the personal injury solicitor filing your claim. The case then lands on the court’s hands to be resolved. When your injury claims land in court, it is rather presented to the judge than the jury, who will make a substantial final ruling. This ruling often happens six to nine months from the day your case commences in court, which is also the timeframe for personal injury claims in court.
It is very rare for injury claims to be filed in courts. Court proceedings tend to be time-consuming, expensive, and tedious. That makes it better for most compensation claims to be settled pretrial, with only around 2-3 % of these claims landing in courts..