Fun fact: an estimated 5% of personal injury cases go to trial. What happens to the rest of them? They get settled out of court.
Whether someone has brought a personal injury case against or you’re the one who’s been hurt and you’re now considering hiring a personal injury attorney, these are some reasons why a defendant might want to settle out of court:
It Can Reduce Financial Expense
When a plaintiff pursues a personal injury case against a defendant, there’s always the chance that either side could win. Which means that either side could lose. Settling out of court avoids the unpredictability of a court trial, as well as considerable financial expense on both sides.
Not only does settling reduce the court costs and attorney fees that need to be paid, it can also save the defendant money. A plaintiff will often accept a smaller settlement amount because it’s guaranteed, as opposed to pursuing more money in court at the risk of gaining nothing.
Court Trials Are Long & Stressful
In addition to costing a lot of money, court trials also demand a lot of time from everyone involved. In fact, it’s not uncommon for personal injury cases to take years before coming to a conclusion. If a defendant feels that their time is better served elsewhere, they may choose to settle.
Court trials can also place a significant strain on a person’s emotional well-being, causing no end of stress, depression, and uncertainty. By allowing for a faster, simpler conclusion, settlements potentially provide all parties involved with invaluable peace of mind.
It Helps Keep the Details Private
One thing that some people might not realize about going to court is that anything and everything discussed during the trial becomes public knowledge. Not just now but also for the foreseeable future, by virtue of court stenographer records.
It’s not surprising then, that a defendant who wants to keep certain details of their life or business practice private would prefer to settle out of court. A defendant might also want to keep private details about the incident relating to the plaintiff’s injury specifically.
Settling Doesn’t Admit to Liability
For some defendants, the biggest danger of losing a personal injury case isn’t the financial burden it places on them, but rather the damage to their reputation it could potentially cause. No one wants to be known as criminally negligent, which makes sidestepping the issue of guilt entirely an attractive option.
By settling out of court, a defendant has the option of avoiding a protracted and expensive public legal battle. More importantly, they have the option of avoiding losing such a battle, and in the process being labeled liable for someone else’s injuries due to carelessness or impropriety.