Most people do not want to go to court. This is a sentiment commonly expressed by clients at the start of a case. They intuitively understand that trials are expensive, time-consuming, and labor-intensive. Fortunately, the majority of Virginia personal injury cases settle before a suit is ever filed. Even cases that go through intense litigation, usually with the help of a professional mediator, typically settle before a trial.
In fact, a recent study revealed that the settlement rate of personal injury cases in the United States is 98%. Some of the more common reasons for this high settlement rate include:
It Is Expensive to Take a Case to Trial
In Virginia personal injury cases, the claimant bears the burden of proof, meaning it is the victim’s duty to show that the respondent was negligent and that negligence resulted in their injury. Oftentimes, establishing negligence is quite simple, such as in a case where the respondent ran a stoplight. Proving that negligence led to a severe injury, however, is much more complex.
The claimant usually needs medical professionals to give testimony regarding how the injury happened, what medical treatments are necessary for recovery, and what future problems they should anticipate. The services of expert witnesses, such as medical professionals, are extremely costly and can run as much as tens of thousands of dollars. Both sides will need expert witnesses to testify in court, so both sides have a vested interest in settling the case.
There are many other costs to consider when bringing a case to trial. These include transcripts, depositions, filing fees, and attorney’s fees. When you add up each of these expenses and factor in the risk inherent in a trial, settling a Virginia personal injury case is almost always worth it in the end.
It Is Risky to Take a Case to Trial
As experienced personal injury attorneys, we understand that judges and juries are unpredictable. It is impossible to know how one person or group of people will interpret a set of facts. This makes taking a case to trial risky. One jury could award a claimant a million dollars, while a different group of jurors applied to the exact same case could return a verdict for nothing at all.
A Virginia personal injury trial is a gamble. Judges are people too, of course, and although they tend to be less surprising in their verdicts, they also tend to be more conservative in awarding compensation. Luckily, both the claimant’s lawyers and the respondent’s insurance provider know this is the case. Even though it isn’t the best option for 100% of personal injury cases, negotiation is usually the best route to resolution for both parties.
How Long Does A Virginia Personal Injury Case Take To Settle?
After being seriously injured, most victims just want the put the matter behind them. Getting the medical care they need is both cumbersome and exhausting. Settling out of court is almost always the quickest way for them to get the financial compensation they need and deserve. A Virginia personal injury case can take years to resolve with a trial. In the meantime, while the complainant is trying to recover from their injuries, they are also facing mountains of medical bills and feelings of uncertainty about their case and their future.
At the Virginia beach personal injury firm of Shapiro, Washburn & Sharp, our first course of action is working with the respondent’s insurance company. Many cases are settled via direct negotiations with an insurer, and the experience of a reputable and well-established law firm is invaluable to the process.
Some cases, however, go through mediation with a retired judge serving as a third-party mediator. They oversee any negotiations between the claimant, their attorneys, and the respondent’s insurance company. If an agreement cannot be met through direct negotiation, mediation is still a cheaper and faster option than a court case.
The Right Legal Team Matters
Most cases settle out of court, bringing full and fair financial compensation in a reasonable amount of time. Whether or not a case actually needs to go to trial, a fair result is rarely achieved unless the victim and their counsel demonstrate that they are willing to go to trial.
At Shapiro, Washburn & Sharp, our Virginia Beach personal injury lawyers always prepare for each case as though we expect to go to trial and are fully prepared to follow through if negotiations don’t yield an acceptable settlement.
Our in-depth knowledge and extensive experience will help you weigh the various risks and rewards of the choices you make. It is ultimately your decision to either settle or go to trial, but, as your legal counsel, it is our responsibility to advise you of all your legal options, including the path that is most likely to get you the financial compensation you deserve.
Let Us Review Your Virginia Personal Injury Claim
If you are considering filing a Virginia personal injury claim and would like to speak with a respected attorney about what steps you should take, reach out to the Virginia Beach personal injury team at Shapiro, Washburn & Sharp, by calling (833) 997-1774 or through the contact form on our website.
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