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How Many Personal Injury Lawsuits Are Too Many?

by Hilliard Martinez Gonzales LLP 7 months ago in advice
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Take a Look Behind the Scenes of Filing a Personal Injury Claim

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The perils of modern life include about six million vehicle accidents a year, which boils down to one every 10 seconds. Throw in five million animal bites and 17,000 falls, and it all adds up to myriad personal injuries.

If someone behaves negligently in ways that directly affect you, there might be grounds for a lawsuit. The concept of duty of care addresses the responsibilities held by different parties towards others. Breaching that duty of care makes anyone liable for related accidents that cause injuries.

When to File a Personal Injury Lawsuit

Regardless of how many personal injury lawsuits you have filed, it is within your rights to do so. You might not enjoy spending all your time in court, but a Corpus Christi personal injury lawyer can deal with many legal aspects on your behalf.

Just ask yourself these questions to decide whether filing a lawsuit makes sense for you:

  • Was negligence involved that resulted in an accident?
  • Were you injured, or did you suffer property damage?
  • Is someone or some company prepared to pay for the damages, either voluntarily or mandated by law?
  • Can you afford to hire a lawyer or hire one on a contingency basis?
  • Does the liable person have insurance or sufficient resources to pay a personal settlement?

Positive answers to these questions clear the way to filing your lawsuit. However, if you are not certain, the best thing is to contact an attorney and discuss your case. They will be able to make specific recommendations based on your situation.

You might have to shop around to find a lawyer willing to take the case or negotiate a contingency agreement. Contingency terms mean that you don’t pay the lawyer unless you receive a settlement or court award for your injuries.

Personal Injury Statistics Keep Lawsuits Alive and Well

There is always a lot of talk about limiting lawsuits, and some states enact legislation with that goal in mind. According to a recent study, there were 5,811,000 police-reported auto accidents. These resulted in 2,346,000 injuries and 37,261 deaths. The numbers are staggering.

The fact is that personal injury lawsuits are quite common, and they make up most civil litigation cases. These cases are based on tort laws. Some states pass initiatives like no-fault auto insurance to speed payment of injury claims to reduce lawsuits, claim amounts, and insurance premiums. However, the evidence shows that people still litigate.

Insurance premiums for the 10 states with no-fault insurance rank on the top position in the U.S. No-fault states are often called non-tort states, but this change of terms is not accurate.

Progress made in speeding up procedures for the victims' benefit can also lead to some unintended negative consequences. For example, some creative fraudsters take advantage of the faster claims process and medical co-conspirators to defraud insurance companies using falsified insurance claims.

Personal injuries happen constantly, and the current system might not be perfect, but it offers support to many victims. The present approach does settle millions of claims each year for traffic accidents, work injuries, dog bites, medical malpractice, and product defects.

How Many Personal Injury Cases Go to Trial?

The system actually works to limit the number of trials. Negotiating behind the scenes, plaintiffs and their attorneys usually settle most cases. In fact, only 4% and 5% of cases ever see a courtroom.

Lawyers negotiate back and forth to come up with a fair settlement. Plaintiffs strive to build a strong case to raise settlement offers. Solid cases might win at trial, and juries often award astronomical damages in emotionally charged cases. Most cases eventually settle. Stalled progress happens often, and your attorney might recommend mediation or arbitration to break the stalemate.

The arbitration/mediation approach includes appointing a neutral party to interview the plaintiff and defendant. The mediator reviews the facts of the case and recommends a solution.

Both sides are required to give a little, but the structured process usually works. Courts often recommend arbitration. Retired judges and respected attorneys frequently serve as mediators.

The Threat of a Lawsuit Packs a Punch

Lawsuits can be messy, uncertain, and prolonged for months or years. However, if you have the right lawyer on your side, you can relax knowing that your case is in capable hands. This will also allow you to take the time to focus on your recovery following the accident.

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Hilliard Martinez Gonzales LLP

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