Will my car accident case go to trial or settle?
If you have been injured in a car accident in Pennsylvania, your case will be resolved in one of two ways. Either it will be settled or it will go to trial. Those are the choices. Statistically, most cases settle, probably 95%. That does not, however, mean your case will settle.
There is a multitude of factors that determines whether a case will settle. Each case is different.
- The amount of damage to the vehicles
- Type of injury or injuries the parties have sustained
- Whether the injured party or parties required surgery
- Are there liens involved in the case?
- Are there unpaid medical bills or wage loss?
- Who is the opposing insurance company?
- Do you, the client, want to settle, or do you want to go to trial?
- What is the settlement offer?
- Is the settlement offer high enough?
It is your lawyer’s job to advise you in the decision-making process of whether to settle or to go to trial. The risks of trial can outweigh the risks of settling your case. If you settle, you know the amount of money you are receiving as compensation for your injuries. Going to trial means that you are leaving that decision to twelve people you do not know, and who don’t know you. In addition, the costs of going to trial are usually much greater than the costs on your case before trial. Of course, by settling, you risk the unknown of “what would the jury have awarded me.” Ultimately, the decision is yours.
What is my car accident case worth?
In Pennsylvania, your car accident case is worth a certain amount of money depending on what your injuries are. The characteristics that come into play when evaluating your personal injury case, in particular a car accident case, are:
- What are your injuries? And how serious are they?
- How much wage lost have you had? How much time did you miss from work and what did that cost you and your family?
- What are your medical bills?
- What are your future medical bills?
- Will there be lost earnings into the future as a result of your injuries?
- What’s the degree of pain and suffering you experienced as a result of your injuries?
All of these factors come into play. These factors are evaluated by the opposing insurance companies and the jury. While there’s no definite number for how much your case is worth, these factors come into play when determining what your personal injury case is worth.
A friend of mine was in a car wreck and broke her arm. She said she got a lot of money. Will my case be worth as much as hers?
Each case is different, and must be evaluated from a point of view of what the medical records say about the injuries, and what your doctor can say about your injuries when asked to do so in court. It is extremely important in an accident case to know how the injury affected the injured person’s life, and whether the injured person missed time from work or was debilitated in some other way. All of these factors go into evaluating a case. Since everyone is different, and not all injuries are exactly the same, the value for each case has to be different.