What Percentage of Personal Injury cases go to Trial

What Percentage of Personal Injury cases go to Trial?

In the United States, personal injury cases are common, but only around 3 to 4 percent go to trial.

Most cases are settled outside of court after legal action is taken and aggressively pursued.

Common personal injury situations include car accidents, slips and falls, and medical malpractice.

Insurance companies are more likely to settle if the case’s value is effectively demonstrated during the legal process.

An image illustration of What Percentage of Personal Injury cases go to Trial
What Percentage of Personal Injury cases go to Trial
Source: (helpingthehurt)

Statistics on Personal Injury Settlements

Unintentional injuries rank as the third leading cause of death in the United States, falling just below heart disease and cancer.

Below are statistics illustrating the annual occurrence of accidental injuries and deaths:

According to data from the National Center for Health Statistics, more than 30 million people sustain injuries in the United States that require medical treatment.

Among them, approximately 2 million injuries are severe enough to necessitate hospitalization, and 162,000 injuries result in fatalities.

The National Highway Traffic Safety Administration’s reports indicate around 5.5 million car accidents transpire annually in the U.S., leading to 3 million injuries and 40,000 fatalities.

Additionally, data reveals that truck accidents cause 60,000 injuries and 5,000 deaths each year.

Construction accidents contribute to approximately 300,000 personal injuries and 1,000 deaths annually.

Medical malpractice is responsible for roughly 98,000 deaths every year.

Personal Injury Statistics

In a 2005 study, the U.S. Department of Justice found that only 4% of personal injury cases go to trial, with motor vehicle accidents being the most common cause.

Success rates varied by case type.

An image illustration of Percentage of Personal Injury for Trial
Percentage of Personal Injury for Trial
Source: (forbes)

Average Settlement Amounts for Personal Injury Cases

The most common reason for pursuing a trial is the inability to agree on a fair settlement amount for the incident.

According to the U.S. Department of Justice, the average personal injury settlement amounts are as follows:

  • Half of all plaintiffs received $24,000 or less.
  • The median award for all cases is $31,000.
  • The median amount awarded in auto accident personal injury cases is $16,000.
  • Premises liability cases (which may involve a lawsuit against property owners, landowners, or property managers) had a median award of $90,000.
  • Intentional tort cases (involving deliberate, intentional harm) had a median payout of $100,000.
  • Medical malpractice cases had an average award of $679,000.
  • Product liability cases had a median payout of $748,000.

Timeframes for Settling Personal Injury Cases

People sometimes go to trial in hopes of higher payouts, especially for severe injuries. But trials can be lengthy.

Average settlement times for personal injury cases are:

  • 23 months for tort lawsuits
  • 20 months for car accidents
  • 31 months for medical malpractice
  • 24 months for premises liability
  • 25 months for intentional torts

Trials themselves can also take time:

  • 3-5 days for auto accidents and slip and falls
  • 6 days for medical malpractice
  • 7 days for product liability
  • 13 days for asbestos claims

Consider alternative dispute resolution like mediation or arbitration, which can be quicker and favorable.

Frequently Asked Questions

  1. What is the typical percentage personal injury lawyers charge?
  2. What are the chances of winning a lawsuit?
  3. What typically occurs in a settlement?
  4. What is the largest slip and fall settlement on record?
  5. How is pain and suffering typically calculated?
  6. How is the calculation of a settlement usually done?

ALSO READ : What is Personal and Advertising Injury Coverage?

Leave a Comment