In this blog, we’re taking a closer look at the process behind personal injury claims. Specifically, we’re focusing on how personal injury claims typically settle and the number that goes to trial. By better understanding the process of personal injury claims, you can better prepare yourself for what to expect throughout the insurance claim and legal process.
At the Paul Wilkinson Law Firm, we pride ourselves on educating our clients so they understand the ins and outs of their personal injury claims. Whether you were involved in a car accident, motorcycle accident, truck accident, experienced a head or neck injury, or any other type of personal injury case, our team of experienced personal injury attorneys can help. Even if you believe you’re partially at fault, don’t hesitate to give us a call. We’ll do what it takes to ensure your rights are protected.
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What is a Personal Injury Case?
For many, knowing if your situation would be classified as a personal injury claim can be difficult. Personal injury law, also known as tort law, comes in many different forms and covers a wide variety of accidents and injuries. Essentially, any instance when you’ve been injured due to the negligent actions of another party can fall under personal injury law. Negligent parties can include another person, business, or government entity.
If you’re not sure if your injury is a viable personal injury claim, a quick phone call can help to clarify. Most Denver personal injury law firms offer free personal injury lawyer consultations. That means the only cost to learn if you may be eligible to receive financial compensation for your injuries is a few minutes of your time.
Some of the most common personal injury accidents in Colorado include:
- Car accidents.
- Truck accidents.
- Motorcycle accidents.
- Pedestrian accidents.
- Texting while driving accidents.
- Drunk driving accidents.
- Bike accidents.
- Wrongful death suits.
- Bad faith insurance claims.
- Brain or spinal cord injuries.
- Head or neck injuries.
What Damages Can I Recover from a Personal Injury Claim?
If you or a loved one has been injured due to the negligence of another party, you should seek out legal representation immediately. Navigating a personal injury claim on your own can be confusing and seem almost impossible for many. Additionally, without the necessary experience and legal knowledge, you may limit your potential to receive fair compensation.
When you work with an experienced team of personal injury attorneys, you may be able to recover financial compensation from some of the following damages:
- Physical or emotional pain and suffering.
- Lost wages recovery.
- Medical expenses related to the accident.
- Punitive damages.
What Percentage of Personal Injury Cases Go to Trial?
The vast majority of personal injury cases are resolved out of court. In most scenarios, it’s ideal for the claim to be resolved during negotiation. Going to trial makes the entire process more expensive and time-consuming for everyone — including the victim of the claim. That’s why the best personal injury attorneys work hard to resolve your claim at the negotiation phase so that you can move on from the suit and focus on your recovery.
While the numbers vary slightly, the majority of cases never go to trial. In fact, estimates show that only about five percent of all personal injury claims make it to trial. If you file a personal injury claim and choose an experienced personal injury attorney to represent your interests, there’s a good chance your claim will be resolved before trial.
Nevertheless, knowing when to go to trial in a personal injury case is important. While most claims will avoid trial in personal injury cases, having a lawyer ready to bat for you in court is essential. Personal injury lawyers know when to have a personal injury case settled out of court and when to take it to a personal injury case trial.
How are Most Personal Injury Claims Resolved?
Even in the initial consultation, one of the most common questions our clients have focused on is the resolution of the claim. After all, that should be the priority for anyone looking to receive fair financial compensation for their injuries so that they can move on to recovery with some type of financial security. Since most personal injury claims are resolved before ever going to trial, how, then, you might ask, are they resolved?
Instead of going to trial, there are three primary ways that personal injury suits reach a resolution:
1. Negotiated settlement: This type of resolution involves negotiations between your personal injury attorney and the defendant’s insurance company or other legal representative. You’ll negotiate until both parties agree on the settlement amount in a negotiated settlement. Upon accepting this sum of money, you also give up your right to pursue further legal action.
2. Personal Injury Case Mediation: If those involved are unable to reach a negotiated settlement, they may turn to a neutral mediator. Mediators, who may be an attorney or a retired judge, serve as a neutral conduit between the parties to help them reach some form of settlement.
These mediators do not side with one party or the other. Instead, they strive to reach a fair settlement for everyone involved. During mediation, both parties might speak to the mediator (while in the presence of the other party), and they can address one another while the mediator oversees the dialogue. Finally, each party will have the chance to speak directly with the mediator alone.
3. Personal Injury Case Arbitration: Arbitration is similar to mediation but functions a bit more like a trial. In arbitration, both parties will formally testify before the arbitrator. With mediation, this dialogue is more of an informal discussion.
Conclusion – What Percentage of Personal Injury Cases Actually Go to Trial?
While there are thousands of personal injury cases each year in the United States, only a small percentage of these claims go to trial. In fact, only about five percent of personal injury claims reach the courtroom and a trial. The rest (the vast majority) are settled during negotiations.
What gives you the best odds of reaching a favorable outcome during the negotiation process? Having an experienced personal injury attorney in your corner. They will assess your case, help you manage evidence and important documents, and negotiate with insurance companies and other lawyers. If you’re unable to reach a fair and full settlement during negotiations, your personal injury attorney will take your case to trial and represent you in court.
If you’re in Colorado and involved in a personal injury case, contact us at the Paul Wilkinson Law Firm today to schedule a free consultation. It only takes a few minutes to learn more about the options available to you and your case. Don’t wait to Call Paul at 303-333-7285 and get the help you need today.
The Paul Wilkinson Law Firm is a team of personal injury attorneys in Denver, CO serving victims of car, truck and motorcycle accidents. Each of our lawyers is licensed with the Colorado State Bar (CBA) and specialize in injury law.
We've recovered tens of millions of dollars in personal injury settlements and verdicts for our clients. For 13+ years we've helped thousands of people get back on their feet after experiencing serious injuries. We will take your case to trial and get the maximum settlement possible.
