An important question for people who have suffered a personal injury is whether to settle out of court or risk going to trial. There is no simple answer to this question, as each case is highly individualized and many factors go into deciding whether a settlement is fair. The decision whether or not to appear before a judge should be carefully considered, taking into account the associated risks and costs that come with a jury trial. The majority of personal injury cases in the US are settled out of court, and of the roughly four to five percent that go to jury trial, almost 90% do not end well for the plaintiff.

jury risks

Juries are notoriously unpredictable because there is no way to determine in advance who will be on a jury or how each jury will evaluate the evidence. The jury may come to an amount even lower than the original settlement or side with the insurance company on the value of the settlement. Your fate will be in the hands of an arbitrarily selected group of people who are unknown to you and may see the facts of the case in a completely different light. They may be persuaded by the way the opposing attorney has presented the accident and associated injuries and subsequently rule in favor of the insurance company.

Evidence Risks

Until the first day of a personal injury trial, even attorneys may not be sure what evidence will be admissible at trial because these decisions are made at the discretion of the judge. Also, if you believe that any party to the accident was due to your own negligence, it may be better to settle out of court rather than have the other party’s attorney raise this issue.

Risk of poor performance

There is always the possibility that on any given day, a client or attorney may not perform up to par. Clients in particular, with little courtroom experience, can become nervous and make a mistake as a fake, which can greatly affect the outcome. Despite all the admonitions to make an unbiased decision, it is part of human nature to subconsciously make character judgments based on intangible factors and juries are no exception.

Costs of going to trial

Litigation and trials are time-consuming and costly endeavors, and a case can take months to resolve. If you and your personal injury attorney feel that you have been offered a fair settlement without going to trial, it is best that you accept this amount and not be responsible for the huge amounts of money a trial can cost, which will be deducted from the amount. of any settlement obtained. By settling out of court, you are assured of getting at least part of the settlement. Time is a real consideration for seriously injured plaintiffs, who may find the proceeding too risky and exhausting and may prefer to settle out of court.

If you decide to go to trial

If you risk going to trial, you should do so only with a personal injury attorney with actual trial experience, who is experienced in effectively persuading a jury to side with the victim. The risks and costs of going to trial should be carefully reviewed, always with the help of a qualified attorney experienced in personal injury cases.