Personal injury cases help injured victims defray the costs of their accidents. Fortunately, most cases settle, which means accident victims can receive compensation faster and with less stress. But some cases simply cannot settle because the two sides remain far apart on critical issues. McCravy, Newlon, Sturkie & Clardy is an established personal injury firm that has negotiated generous settlements for hundreds of clients. Our Anderson personal injury lawyer explains what percentage of personal injury cases go to trial and the reasons why.
How Often Do Personal Injury Cases Go to Trial in South Carolina?
There are no recent studies showing what percentage of personal injury cases go to trial. However, one study from the Bureau of Justice showed that around 5% of civil cases do not settle. That would mean about 1 in 20 cases filed in court go all the way to trial instead of settling somewhere along the way.
This study is old, but it is the best information we have.
How Many Personal Injury Claims Go to Court?
Our own experience is similar. We have been practicing personal injury law for decades and can almost always settle a case. Fewer than 5% of our cases end up in court. That would mean we might be forced to litigate a claim to a jury.
Why Your Lawyer Files a Lawsuit
Even if we settle, our firm will probably file a lawsuit on your behalf. There are strategic reasons for doing so.
First, we want to show the other side that we are serious about receiving compensation. Some lawyers lack courtroom experience, and insurance adjusters take advantage of that fact. They know the lawyer might be afraid to go into court, so the insurer offers a low settlement and dares them to sue. Because our lawyers are comfortable in a courtroom, we will file to put pressure on the insurance company in negotiations. They know we are not afraid of presenting a case in open court.
Second, filing a lawsuit preserves our client’s ability to sue in the future. South Carolina has a statute of limitations, which is found at South Carolina Code § 15-3-530. This state gives accident victims three years to file a lawsuit. Typically, the three-year period starts the day of your accident.
If you file a claim outside this window, then a judge will kick it out of court. That would be a disaster.
You will lose leverage in negotiations.
We regularly file a lawsuit for the reasons stated above. That does not mean your case will go to trial. To the contrary, we settle more than 90% of our cases.
Reasons Why Your Anderson Personal Injury Case Might Not Settle
Settlement is ideal for several reasons. First, you can usually receive money much faster than if you need a personal injury trial. You might end up waiting 1-2 years before your case is heard before a jury. That is a long time to wait for compensation to cover medical bills and replace lost income.
Second, a trial carries risk: you might lose. That would mean you end up with no compensation even if you are seriously injured. We can’t guarantee a jury will see a case our way. By settling, you at least guarantee some money for the accident.
Nonetheless, some cases simply cannot settle for various reasons:
1. Disagreement about Fault
This is the main disagreement that trips up any attempt to settle a personal injury case. Fault will determine how much a person pays in compensation and whether you can receive anything.
Fault might be shared. If you were partially at fault, you will receive less in compensation than if the defendant were 100% liable.
South Carolina comparative negligence will reduce a person’s compensation if they are 50% or less at fault. Someone who is 25% at fault will get 25% less. That means a case worth $100,000 would only be worth $75,000. If you were 50% at fault, that same case would be worth $50,000.
If your share of fault is more than 50%, then you receive nothing. That means $0 for someone struggling with serious injuries.
Fault matters enormously. The evidence might be unclear about who caused a car accident or whether a property owner was negligent in fixing or warning of a defect. When evidence is unclear, insurance companies will not agree to pay a large settlement. Instead, they will dig in and refuse to settle or possibly offer only a small amount.
When we think the evidence shows you deserve compensation, we will take our chances in court.
You can trust McCravy, Newlon, Sturkie & Clardy to put on a compelling case before a jury.
2. Disagreement Over Damages
Another source of disagreement involves an accident victim’s damages. Liability might be clear, but the defendant does not think you are seriously injured.
Damages cover:
- Repairs to damaged property, like your car;
- Medical bills to treat injuries caused by the accident;
- Lost wages or income if a victim cannot work after an accident;
- Pain and suffering;
- Loss of consortium;
- Mental distress.
Many defendants (and their insurers) object to the damages we request. They think our clients are not as injured as they claim or are inflating the cost of medical care. Often, we can negotiate a fair amount of compensation, even if it takes multiple rounds. But some defendants are resistant to paying out fairly, so we have to go to court.
Questions About Settlement? Call Our Anderson Personal Injury Lawyer
Anyone hurt in an accident in the 29625 zip code should call McCravy, Newlon, Sturkie & Clardy to schedule a free consultation with an attorney. We can discuss your accident and injuries. Maybe you have already received a settlement offer. Let us review it to see if it is fair. Never accept any offer without running it by a personal injury lawyer first. We can also take over the case and find more evidence to prove liability and your damages. Our consultations are free. Reach out today!