At What Point Do Most Personal Injury Lawsuits Settle?

At What Point Do Most Personal Injury Lawsuits Settle?

The vast majority of personal injury cases settle before ever going to trial. Settlements are often beneficial for both parties because they save time (and money) and reduce the risks and uncertainty associated with a jury trial.

For example, through a settlement, a plaintiff can receive the compensation they need for their medical expenses faster and avoid the risk of a jury awarding them a lesser amount of compensation. On the other side, a defendant can avoid the costly and time-consuming process of going to trial and the risk of a jury awarding the plaintiff a much larger sum of money.

But at what point do most personal injury cases settle? Typically, this is after discovery but before trial.

The Discovery Phase

After the petitioner files their lawsuit and the defendant responds, the parties in a personal injury lawsuit go through the discovery phase. This is where they investigate the circumstances surrounding the incident and exchange information.

The goal of the discovery phase is to give both parties a complete picture of the facts of the case. However, in some cases, the defendants may not even need to go through the discovery phase before realizing that a settlement is their best option.

Settlement Negotiations

Most settlements between discovery and trial. This is when both parties have a complete picture of the incident and can discuss the exact amount of compensation.

Typically, settlement negotiations begin after the plaintiff has recovered from their injuries and knows what their total losses are. This could be soon after the accident in uncomplicated cases, or much later, if the accident caused significant, life-changing injuries.

There may not be much to discuss if a traffic camera caught the other driver running a red light and T-boning your vehicle. However, there may be more to discuss if there are questions about whether you’re partly to blame for the accident that caused your injuries. For example, if you slipped and fell in a grocery store while looking at your phone, the defendant may argue that you’re 25 percent at fault, so they should only be liable for 75 percent of your losses under Georgia’s comparative negligence rule.

Preparing for Trial

While personal injury cases can settle as late as during the trial itself, most of them settle during the trial preparation phase. One of the major reasons for settling is to avoid going to trial, which is expensive and can be unpredictable for both parties.

Contact an Atlanta, Georgia, Personal Injury Lawyer

Were you injured due to someone else’s negligence or wrongdoing in or around Atlanta, Georgia? You need an attorney who will aggressively fight for your right to full and fair compensation in settlement negotiations and who isn’t afraid to take your case all the way to trial if necessary.

Contact Kaufman Injury Law today for a free consultation with an experienced personal injury lawyer. You’ll pay nothing upfront, and if we don’t get compensation for you, you’ll owe us no attorneys’ fees.