Is It Better to Settle My Personal Injury Case or Go to Trial?

The vast majority – 95 – 96% – of personal injury cases settle before ever going to trial. With that said, it is necessary for some cases to proceed to trial, but in reality, only about 4-5% of cases ever see the inside of a courtroom. Plus, going to trial does involve some element of risk. There is the possibility that a jury will not find in your favor or award you any damages. This is why you always should consult an experienced Wisconsin personal injury attorney about your case, listen to the options that you have, and make a decision according to your attorney’s advice.

The claim that it is necessary to file a lawsuit and go to trial in order to get an adequate settlement in your personal injury claim is generally not true. If that were the case, many more cases would go to trial. The settlement offer that you receive from the responsible party’s insurance company is based on the facts of your case, the degree of fault, and the extent of your injuries and expenses. While your attorney may negotiate back and forth to the insurance company to some degree, in most cases, the parties are able to reach a mutually agreeable settlement figure to resolve the case outside of court.

Also keep in mind that filing a personal injury lawsuit with the court does not necessarily mean that your case will go to trial. There are statutes of limitation, or deadlines by which you are required by law to file your personal injury suit in court. If you fail to meet the applicable statute of limitation for your case, you may lose the right to any compensation at all. Therefore, it is sometimes necessary for your attorney to go ahead and file a lawsuit just to avoid any statutes of limitation problems. Your attorney can and will continue trying to settle your case, and the likelihood is that your case will settle.

Whether you choose to settle your personal injury claim out of court or proceed to trial, we are here to help. For more information about how to properly handle your personal injury claim, contact the Wisconsin personal injury lawyers of Boller & Vaughan today.


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Disclaimer: The personal injury, wrongful death, negligence, automobile accident and/or other legal information offered herein by Boller & Vaughan L.L.C., Madison Personal Injury Lawyers, is not formal legal advice nor the formation of an attorney client relationship. Any results set forth herein are based only upon the facts of that particular case and offer no promise or guarantee on the outcome of any case. This site is not intended to solicit clients outside the State of Wisconsin.
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