Personal Injury Claims
Halt | January 17, 2023 | 0 Comments

How Many Personal Injury Claims End Up in Court?

Every year, the United States sees millions of personal injuries. There are around 6 million car crashes and around 20,000 slip and fall incidents annually. Florida alone featured 401,533 accidents in 2021, more than it had in 2020, which prompted many victims to seek a Lakewood Ranch personal injury lawyer.

Despite the number of people who sue the responsible party, not all cases end up in court. In fact, there are just a few that get there. So, how many of them get in court? Let’s see what the data says.

How Many Personal Injury Claims End Up in Court?

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Very few personal injury cases end up in court. According to statistics from the U.S. Government, around 5% of personal injury cases see the court. The rest of the cases reach pre-trial settlements.

Usually, even when the case goes to court, the process can be lengthy and slow. It may take years until a verdict is given.

Out of all cases that go to court, 90% lose, whereas the 10% that win enjoy a much higher compensation.

What Determines Whether the Case Goes to Court

There are several factors that influence whether a case goes to court or not, such as:

  • Insurer’s Settlement Acceptance

In general, insurance companies will do their best to reach a settlement out of court to avoid paying too much. But sometimes, some companies do not want to settle personal injury claims, even if the lawyer tries to convince them to do so. That being said, this aspect can determine whether your case goes to court or not.

  • The Value of the Claim

If personal injury claims are very expensive, some insurance companies will not be eager to settle it.

  • The Parties’ Role in the Injury

The injury may be caused by one of the two parties involved only, or both may have played a part in the incident. When the other individual is responsible for the injury, an insurance company will try to settle personal injury claims as soon as possible.

But when it’s hard to tell who is liable, going to court is a step the company is willing to take. This is especially the case if there is proof of the other party being partially liable.

  • The Skill of the Attorney

Another thing that comes into play is how skilled your attorney is during the negotiations. An insurance company’s negotiators are trained to offer as little as they can. So, an attorney must be able to ask for more or pull back at the right moment.

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Why Insurance Companies Prefer Out-Of-Court Settlements

Insurance companies generally prefer settling out of court, so they will do their best to do so.

Settlements made out of court can save the reputation of the company that caused the personal injury. When a case goes to court, it will get more publicity. When word gets out that a certain entity was negligent towards the other party, it will ruin their image. Therefore, the company will want to avoid publicity as much as possible, which is where out-of-court settlements come in handy.

Furthermore, settling out of court can significantly lower the costs. If a case ends up in court, the insurance company has to pay all bills associated with the process, including legal fees. Besides, if the company is found to be guilty, the insurance company has to pay generous compensation to the victim. With out-of-court settlements, all these costs can be lower.

Going to Court vs. Settling Out of Court

Settlements are beneficial in moments where the victim needs a smaller sum to pay for mounting debt. Not only that, but they can also save time, as court processes can take several years. In return, this lowers the financial burden.

However, settling out of court may lead to the victim getting less money than they deserve. If you settle pre-court, you will be unable to renegotiate when further proof comes out. You’ll also be unable to reopen the case.


Going to court can ensure the victim receives the right amount of compensation. On top of that, the victim may finally feel like they have power over the defendant due to how stressful the court case can be.

Unfortunately, not only is there a possibility of the victim losing the case and receiving no compensation, but the court cases can also drag on for years.

Final Thoughts

Very few personal injury cases end up in court, and most people prefer out-of-court settlements anyways. If you’ve been injured due to someone else’s negligence, ensure you make the right decision so you can be compensated accordingly.

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