Many people are unaware of how uncommon it is for a case involving a brain injury to get to trial. The fact is that more than 90% of personal injury lawsuits are resolved outside of the courts. Does this imply that your case will not be tried in court? Certainly not. Continue reading to find out what variables influence how many of these and other cases end up in court. If you have any questions, call Law Offices of Michael A. Kahn for a free legal consultation at (310) 209-1600.
Examining the data
While data on head injuries is difficult to come by, there is plenty of study on car accidents. These numbers are useful since vehicle accidents are one of the most prevalent causes of brain injuries. According to one estimate, the courts hear 30,000 cases of vehicle accidents involving at least $25,000 in damages each year. The courts have only decided about 700 of them each year.
This means that just roughly 2% of all serious vehicle accident lawsuits wind up in court. Keep in mind, however, that different places have varying statistics. For example, around 6% of these cases get to trial in Sacramento County, whereas less than 1% in Contra Costa. Nonetheless, California’s total average is 2%.
What happens if a case isn’t taken to court?
If you find that a head injury case is extremely unlikely to go to court, you may ask what would happen if it does. The lawsuit might be dismissed, for example. This might be due to the lawsuit being filed after the statute of limitations had expired, a lack of proof, or filing mistakes. It is critical to engage with an experienced personal injury attorney for these and other reasons.
Another possibility is that the matter will be settled outside of court. This is usually the best possible solution for all parties involved since you get your money sooner and neither you nor the at-fault party’s insurance company has to cope with the cost or inconvenience of a trial. Of course, there’s a chance you won’t obtain the same settlement amount as if you went to trial. On the other hand, if you go to trial, there’s no assurance that you’ll win, so settling is a safe bet.
If you’re settling with the insurance company, do you need an attorney?
Absolutely. You know how expensive long-term care for someone who has had a head injury costs. You’re aware that you’ll have future medical expenses, lost pay, and so on. Your lawyer will have years of expertise and will know how to deal with the insurance company of the at-fault party. You should only work with the best if you want the greatest results. For a free legal consultation, call Law Offices of Michael A. Kahn at (310) 209-1600 right now.
